Rishita Sinha v. The State Of Bihar Through The Principal Secretary, Dept. Of Home (Police) Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1136 of 2024 Arising Out of PS. Case No.-168 Year-2020 Thana- FATUA District- Patna ====================================================== Rishita Sinha Wife Of Rakesh Kumar Sinha Village- Mosimpur Kurtha, PsFatuha Dist- Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar Through The Principal Secretary, Dept. Of Home (POLICE) Govt. Of Bihar, Patna Bihar 2.
The Principal Secretary, Dept. Of Home (POLICE) Govt. Of Bihar, Patna Bihar 3.
The Director General Of Police, Bihar Police Patel Bhawan, Bailley Road, Patna Bihar 4.
The Inspector General Of Police, Central Zone, Patna Bihar 5.
The Deputy Inspector General Of Police, Central Range, Patna Bihar 6.
The Senior Superintendent Of Police, Patna Dist- Patna Bihar 7.
The Superintendent Of Police (EAST ), Patn Dist- Patna Bihar 8.
The Sub-Divisional Police Officer, Fatuha, Dist- Patna Bihar 9.
The Station House Officer, Fatuha Police Station, Dist- Patna Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhanshu Kumar, adv.
For the Respondent/s :
Mr. Standing Counsel-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 07-04-2025 The instant criminal writ petition is filed for a direction upon the Police Authority to investigate the case properly in accordance with law.
2. In the instant case, this Court previously passed an order directing the concerned S.H.O. to produce a photostat copy of the case diary.
3. Learned Advocate on behalf of the
Patna High Court CR. WJC No.1136 of 2024(7) dt.07-04-2025 2/3 State/respondents has filed the photostat copy of the case diary in connection with Fatuha P.S. Case No. 168 of 2020, in course of hearing of this case.
4. It is strenuously urged by the learned Advocate on behalf of the petitioner that the case diary shows flagrant manipulation in insertion of pages in the case diary to help the accused persons.
5. Learned Advocate on behalf of the respondents, on the other hand, submits that the investigation of this case is concluded and report in Final Form has already been submitted.
6. Considering such aspect of the matter, the Writ Court is not in a position to pass any direction to the Police Authority for proper investigation, as investigation came to an end, but the petitioner has always the right to file a protest petition before the jurisdictional Magistrate challenging the final outcome of the investigation in respect of the above mentioned P.S. Case.
7. Therefore, the instant criminal writ petition is disposed of giving liberty to the petitioner to file a protest petition stating all the issues including manipulation of case diary which this Court has prima facie found exercising paragraphs 21 and 23 of the case diary.
Patna High Court CR. WJC No.1136 of 2024(7) dt.07-04-2025 3/3
8. The case diary was written by more than one persons and not singularly by the Investigating Officer.
9. If such protest petition is filed, the learned Magistrate shall consider all the issues that may be raised by the petitioner in accordance with law dispassionately without being influenced by any observation of this Court while disposing of the writ petition.
(Bibek Chaudhuri, J) pravinkumar/- U T