Himanshu Shekhar Kumar Singh v. The State Of Bihar Through The Home Secretary , Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.796 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- AMARPUR District- Banka ====================================================== Himanshu Shekhar Kumar Singh Son Of Anil Kumar Singh Resident Of Village- Maldev Chak, PS- Amarpur Dist- Banka ... ... Petitioner

Versus

1.

The State Of Bihar Through The Home Secretary, Patna 2.

The Director General Of Police, Patna 3.

The Inspector General Of Police, Bihar, Patna 4.

The Superintendent Of Police, Banka 5.

The Deputy Superintendent Of Police, Banka 6.

The SHO Amarpur Police Station, Banka 7.

The Investigating Officer of Amarpur Ps Case No. 170/2022 Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Respondent/s :

Mr. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-11-2023 Heard learned counsel for the petitioner and learned A.C. to learned S.C.-1 for the State.

2. Petitioner in the present case is seeking a direction upon the respondents to properly investigate Amarpur P.S. Case No. 170 of 2022.

3. Learned counsel for the petitioner submits that the case in question was registered after killing of the uncle of the informant. There are named accused in the FIR, however, the police has submitted charge-sheet only against one of the accused and the investigation has been kept pending so long.

Patna High Court CR. WJC No.796 of 2023(2) dt.23-11-2023 2/3

4. Learned counsel for the state submits that the case in question is being properly investigated and supervised. The case has been found true against FIR named accused (i) Sonam Singh and (ii) Ankit Singh. The case is being deeply investigated on the point of involvement of the co-accused Anand Singh @ Baru, Pritam Singh and Arjun Singh. The FIR named accused Sonam Singh has already been arrested by I.O. and he was remanded to the judicial custody.

5. It is further stated that the Investigating Officer is taking steps to arrest the other accused persons and in case they are found absconding, processes under Sections 82 and 83 Cr.P.C. shall be taken out.

6. Having regard to the aforementioned submissions, this Court is disposing of the present writ application with a direction to the Superintendent of Police, Banka to review the progress made in the investigation of the case so far, ensure that the Investigating Officer works on all the points which have been suggested to him by the supervising authority and in case the Investigating Officer is not taking interest, the Superintendent of Police shall

Patna High Court CR. WJC No.796 of 2023(2) dt.23-11-2023 3/3 consider changing the I.O. of the case.

7. Let the investigation be completed within a reasonable period and appropriate report be submitted in the jurisdictional court.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T