Pappu Kumar @ Pappu Prasad v. The State Of Bihar Through The District Magistrate, Gaya And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No 2328 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- CIVIL LINE District- Gaya ====================================================== Pappu Kumar @ Pappu Prasad Son of late Shambhu Prasad Resident of 12, Pahasi, P.O. Head Post Office Gaya , P.S. Kotwali, District- Gaya. ... ... Petitioner/s
Versus
1. The State of Bihar Through The District Magistrate, Gaya .
2. Senior Superintendent of Police, Gaya.
3. Superintendent of Police, City, Gaya.
4. Deputy Superintendent of Police Town, Gaya.
5. Station House Officer, Civil Lines, Gaya.
6. Investigating Officer of Civil Lines, P.S. Cases No. 153 of 2018 ... ... Respondent/s ====================================================== For the Petitioner/s :
Mr Kalyan Shankar, Advocate Ms Smita, Advocate For the Respondent/s :
Mr P N Sharma, AC to AG ====================================================== CORAM: HONOURABLE DR JUSTICE RAVI RANJAN and HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE DR JUSTICE RAVI RANJAN) Date : 25-10-2018 The Senior Superintendent of Police, Gaya (for brevity, SSP) along with Investigating Officer is present. It has been stated by the SSP, Gaya that though much investigation was done and he has also personally taken interest in the investigation but unfortunately nothing could be recorded in the case diary for which action can be taken against the concerned. It is stated that on lead given by the informant, team was constituted which went to Durgapur, Rohtas, Biharsharif etc and CCTV camera footage available everywhere was also searched. However, till date, nothing concrete has come up which can give a
Patna High Court Cr. WJC No.2328 of 2018 dt.25-10-2018 2/2 clue regarding the whereabout of the missing person. It is also stated that he had hefty amount of cash and gold along with him since when he has gone missing. This angle is also being seen whether this was deliberate or not.
Be that as it may, since investigation is still being done, we are not recording our opinion save and except the fact that if the investigation done is not being recorded in the case diary, that is a very serious matter and has to be taken up seriously by the authorities concerned. In our view stern action is required to be taken.
Accordingly, this writ petition stands disposed of with a direction to the police authorities to continue with the investigation and take every steps required for knowing the whereabouts of the missing person.
However, closure of this case would not take away the right of the informant to proceed in accordance with law. Personal appearance of SSP, Gaya is dispensed with. (Dr Ravi Ranjan, J) ( Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 25.10.2018 Transmission Date 25.10.2018