Amrendra Singh v. The State Of Bihar Through The Principal Secretary, Home Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.853 of 2023 Arising Out of PS. Case No.-83 Year-1998 Thana- KATRA District- Muzaffarpur ====================================================== Amrendra Singh Son Of Late Mahadev Singh R/O-Kopi, P.O.-Dhanour, P.S.- Katra, Distt.-Muzaffarpur.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna 2.

The Director General of Police, Patel Bhawan, Bailey Road, Patna 3.

The District Magistrate, Muzaffarpur 4.

The Superintendent of Police, Muzaffarpur 5.

The S.H.O., Katra, Muzaffarpur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar, Advocate For the Respondent/s :

Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and Mr. Iqbal Asif Niazi, learned AC to GP-5 for the State.

2. The present writ application has been filed for a direction to the respondent authorities to properly investigate and supervise Katra P.S. Case No. 83 of 1998 registered under Sections 364, 365 of the Indian Penal Code.

3. On the last date of hearing, it was brought to the notice of this Court that the accused person who has been declared absconder is living in the village and is indulging in selling of his properties.

4. A counter affidavit is said to have been filed on behalf of the State on 24.11.2023, however, the same is not on

Patna High Court CR. WJC No.853 of 2023(3) dt.02-12-2023 2/2 the record. This Court has gone through the copy of the counter affidavit made available by the learned counsel for the State. He stated in paragraph '11' of the counter affidavit that the absconding accused Ramlal Shah has been arrested on 02.11.2023 after 25 years and has been forwarded in judicial custody.

5. This Court has been further informed that earlier police has submitted a chargesheet against the named accused who has now been arrested.

6. In the aforesaid view of the matter, this Court directs the learned trial court to open the trial and proceed with the same as early as possible in accordance with law.

7. This application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T