Naushad Alam v. The State Of Bihar Through Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1058 of 2023 Arising Out of PS. Case No.-91 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Naushad Alam, S/O Late Abdul Hakeem, Resident of Village- Vasudeopatti, P.S- Saraiya, Dist.- Muzaffarpur at present r/o-Hamilton Homes by SJR Prime Corp, Cheshire Block Flat No. L501, Gattahalli, Gattahalli, Bengaluru, Karnataka-560099 ... ... Petitioner

Versus

1.

The State of Bihar through Director General of Police, Patel Bhawan, Sheikhpura, Jawaharlal Nehru Marg, Patna 2.

The Inspector General of Police, Muzaffarpur. 3.

The Deputy Inspector General of Police, Muzaffarpur. 4.

The Superintendent of Police, Muzaffarpur.

5.

The Station House Officer, Paroo Police Station, Muzaffarpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Shanti Bhushan Singh For the Respondent/s :

Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner and Mr. Iqbal Asif Niazi, learned AC to GP-5 for the State.

2. This writ application has been filed for the following reliefs:- "(i) For direction to the Respondents to complete the investigation as per Section 2(H) of Cr.P.C. and submitted charge sheet against the accused persons in connection with Paroo P.S. Case No. 91 of 2021.

(ii) For direction to the Respondents to arrest the accused persons who is accused in Paroo P.S.

Case No. 91 of 2021.

(iii) For direction to the respondents to provide safety security to the petitioner.

Patna High Court CR. WJC No.1058 of 2023(3) dt.03-01-2024 2/3 (iv) For any other relief/reliefs which is entitled to the petitioner."

3. Learned counsel for the petitioner submits that the case is not being properly investigated by the Investigating Officer, however, he has been served with the counter affidavit from which it appears that the Investigating Agency has concluded that the accused persons had not committed cognizable offence under Sections 406, 420, 467, 468, 323, 504/120B of the Indian Penal Code. The last progress report in this case has been issued on 29.11.2023 by the Sub-Divisional Police Officer, Saraiya, Muzaffarpur who has given certain directions to the Investigating Officer.

4. From the counter affidavit, it appears that even as some views have been expressed in the counter affidavit but certain directions have been issued to the Investigating Officer to investigate the case on some points.

5. In the given facts and circumstances of the case, this Court directs the Senior Superintendent of Police, Muzaffarpur to ensure completion of investigation from all angles within a period of four weeks from the date of communication of this order and ensure filing of the police report in terms of Section 173 Cr.P.C. immediately thereafter.

Patna High Court CR. WJC No.1058 of 2023(3) dt.03-01-2024 3/3

6. In case, the petitioner would have any grievance against the final conclusion reached by the Investigating Agency, it will be open for the petitioner to seek his remedy in accordance with law.

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