Dhananjay Kumar Singh v. The State Of Bihar And ORS

Patna High Court Cr. WJC No.365 of 2014 (6) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.365 of 2014 ====================================================== Dhananjay Kumar Singh son of Sri Shiheshwar Singh @ Lallu, resident of Village- Dubhal, Police Station - Magadh Medical, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary Home (Police), Department, Govt. of Bihar, Patna.

3. The Deputy Secretary Home (Police) Department, Govt. of Bihar, Patna.

4. The Director General of Police, Govt. of Bihar, Patna.

5. The Deputy Inspector General of Police, Gaya.

6. The Superintendent of Police, Gaya.

7. The S.H.O., Magadh Medical Police Station, Gaya.

8. Pintu Kumar Mistri son of Byas Mistri resident of village- Deoriya, police station - Barachatti, District- Gaya.

9. Guddu Kumar singh son of Baidhnath Singh resident of village - Renu Bigha, Police Station - Mohahita, District - Aurangabad.

10. Dharmendra Yadav son of not known to the petitioner resident of village- Neema Kathotiya, Police Station - Magadh Medical, District - Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Prasad Singh, Advocate. For the Respondent/s : Mr. S.Raza Ahmad, A.A.G-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present writ petition has been filed for a direction to the official respondents to proceed with Magadh Medical Police Station Case No. 21 of 2014 and for connected reliefs.

3. It is submitted on behalf of the petitioner that he was abducted for ransom but later recovered by the Barachatti police. Despite representation before the Senior Superintendent of

Patna High Court Cr. WJC No.365 of 2014 (6) dt.20-04-2015 Police, Gaya, the matter is not properly been investigated and the petitioner apprehends threats to his life and property.

4. A counter affidavit has been filed on behalf of the respondents which discloses that investigation is going on. Statements of several witnesses have been recorded by the I.O. and the Deputy Superintendent of Police (L & O) Gaya has also conducted the supervision of the case and issued supervision note. Thereafter, the City S.P. Gaya has issued Report-2 and the I.O. has been directed to investigate in terms of the directions herein.

5. The matter of inquiry and investigation into an offence pursuant to institution of a First Information Report is always within the exclusive domain of the police and ordinarily the Court does not interfere in such matters. In the present case, it has specifically been stated in the counter affidavit that investigation is going on which requires collection of evidence in detail.

6. Having regard to the nature of the prayer in the writ petition and the statements contained in the counter affidavit, this Court is not satisfied to issue direction in the matter. The writ petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/- U T