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Patna High CourtCR. WJC/751/2022dismissed

Trivuwan Prasad @ Tribhuvan Prasad v. The State Of Bihar Through The Principal Secretary, Home Department, Bihar, Patna.

2023-01-10Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.751 of 2022 Arising Out of PS. Case No.-172 Year-2019 Thana- PATAHI District- East Champaran ====================================================== Trivuwan Prasad @ Tribhuvan Prasad Son of Naval Kishor Prasad Resident of Village - Malkauniya, Suraha, P.s.- Motihari Muffasil, District - East Champaran.

... ... Petitioner/s

Versus

1.

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

The Director General of Police, Old Secretariat, Bihar, Patna. BIhar 3.

The Additional Director General of Police, bettiah, West Champaran. Bihar 4.

The Superintendent of Police, East Champaran, Motihari. Bihar 5.

The S.D.P.O., Pakri Dayal, East Champaran. Bihar 6.

The S.H.O. Patahi, East Champaran. Bihar.

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

For the Petitioner/s :

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

Mr. Iqbal Asif Niyazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-01-2023 The defects, as pointed out by the office in index subject be corrected, during the course of the day itself. Heard learned counsel appearing on behalf of the parties. The present criminal writ petition is being preferred for proper and fair investigations of the case of Patahi P.S. Case No. 172 of 2019, registered for offences under Sections 304(B), 302, 498(A), 120(B) and 201 of the Indian Penal Code, as lodged by this petitioner.

It is submitted by learned counsel for the petitioner that the present case was lodged for alleged heinous crime which took

Patna High Court CR. WJC No.751 of 2022(5) dt.10-01-2023 2/2 place somewhere in the month of June, 2019, in spite of that not a single witness was examined, till date, as per best of his knowledge, clearly indicating thereof that respondents are not fairly investigating the matter, as per the provisions available under the law. Learned SC-1, appearing on behalf of the State, submitted that all such issues, now put on rest through Cr. WJC No. 153 of 2017, dated 09.09.2022, where, appropriate guidelines have already been issued by this Court.

Accordingly, no need to pass any fresh order. Petitioner is at liberty to take appropriate steps in view of guidelines, as per directions of Cr. WJC No. 153 of 2017 (Supra). Let, this order be communicated immediately to Superintendent of Police, East Champaran to take appropriate steps, as per direction of this Court issued through Cr. WJC No. 153 of 2017, dated 09.09.2022, if any application preferred by this petitioner within four weeks of this order.

Accordingly, the present criminal writ petition is disposed of.

(Chandra Shekhar Jha, J) Archana/- U T