Jai Shankar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 17 of 2014 ====================================================== Jai Shankar Jha Son of Late Arjun Jha, Resident of Village- Singhwara, North Ramkunj Mohalla, P.S. - Singhwara, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Darbhanga.

3. The Senior Superintendent of Police, Darbhanga.

4. The Deputy Inspector General of Police, Darbhanga.

5. The Dy. S.P., Darbhanga.

6. The Officer In-charge, Singhwara Police Station.

7. The S.I., Investigating Officer of Singhwara P.S. 113 of 2006, Singhwara Police Station.

8. Himanshu Shekhar Son of Late Sitaram Jha @ Ravindra Nath Jha, Resident of Village - Singhwara, North Ramkunj Mohalla, P.S.- Singhwara, District- Darbhanga.

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

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 28-07-2015 Heard learned counsel for the parties.

The present writ application seeks a direction to restrain the police officials (respondents no. 2 to 6) from deliberately framing the petitioner as an accused and holding that the subsequent on going further investigation in Singhwara P.S. Case No. 113 of 2008 in respect of the petitioner is illegal/bad.

The background of the case is that the petitioner, who is the informant of Singhwara P.S. Case No. 113 of 2008 had filed the said case relating to the murder of the father and mother of the respondent no. 8 but lateron the police has

Patna High Court Cr. WJC No.17 of 2014 (6) dt.28-07-2015 2/2 found that the persons who actually committed the crime were doing so at the instance of the petitioner. When chargesheet was submitted and cognizance taken, the petitioner had moved this Court in Cr. Misc. No. 8379 of 2014 in which a coordinate Bench of this Court by order dated 07.11.2014 had dismissed the same after considering the materials which had come during investigation and on which the Court had relied before passing the order.

Considering the aforesaid, once pursuant to the lodging of the case and after investigation, the Court has taken cognizance and the trial is going on which has been upheld by a co-ordinate Bench, this Court does not consider that any relief can be granted to the petitioner in the present proceeding.

Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) Anand Kr.

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