Rohit Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1240 of 2015 Arising out of Naokothi P.S. Case No.83 of 2014, District-Begusarai. ====================================================== Rohit Kumar, S/o- Hare Ram Singh, R/o- Naokothi, P.S. Naokothi, Dist.- Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The D.I.G. of Police, Munger Region, Munger

4. The Superintendent of Police, Begusarai

5. The SDPO (Bakhari), Begusarai

6. The Officer-in-Charge, P.S.- Nawakothi, Dist.- Begusarai cum Investigating Officer of Nawakothi, P.S. Case No. 83 of 2014 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Respondent/s : Mr. Rajiv Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-08-2018 This writ application has been preferred for quashing of the First Information Report being Naokothi P.S. Case No.83 of 2014 in so far as in course of the investigation police has implicated the informant (petitioner) and his brother and has submitted a charge-sheet against them.

The grievance of the petitioner is that, while the petitioner being the informant of the case has been charge-sheeted allegedly on the basis of the materials which were collected in course of investigation of Naokothi P.S. Case No.83 of 2014, till

Patna High Court Cr. WJC No.1240 of 2015 (3) dt.08-08-2018 date police has not submitted its final report with respect to the named accused persons. Learned counsel submits that the petitioner has filed a protest petition which is still pending and cannot be taken up because till date investigation against the named accused persons has remained unconcluded. Learned counsel for the State is present.

It is not in dispute that the petitioner is the informant of the case and in course of investigation materials collected by the investigating agency has found him involved along with his brother in the present case for which they have been chargesheeted and are being proceeded against. In this view of the matter, the prayer of the petitioner for quashing of the FIR with respect of them is not tenable and the same is liable to be rejected. So far as the grievance of the petitioner with respect to the unconcluded investigation with regard to named accused persons is concerned, the Superintendent of Police, Begusarai is directed to review the matter and in case it is found that the investigation with regard to the named accused persons is still pending, the same be completed within a period of sixty days from the date of receipt/production of a copy of this order and final report be submitted on the basis of the materials collected by police in course of investigation.

Patna High Court Cr. WJC No.1240 of 2015 (3) dt.08-08-2018 The writ application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Arvind/- U T