Birendra Sah @ Birendra Kumar Sah v. The State Of Bihar Through The Principal Secretary, Home (Police) Department, Gov. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1036 of 2023 Arising Out of PS. Case No.-15 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== Birendra Sah @ Birendra Kumar Sah Son of Lalji Sah Present Mukhiya Gram Panchayat at Raj Khawaspur, Resident of village - Khawaspur, P.S. - Lakari Nabiganj O.P., Distt. - Siwan ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Home (Police) Department, Gov. of Bihar, Patna 2.

The Director General of Police, Bihar, Patna 3.

The Inspector General of Police, Saran Range, Saran at Chapra 4.

The Deputy Inspector General, Saran Range, Saran at Chapra 5.

The District Magistrate, Siwan 6.

The Superintendent of Police, Siwan 7.

The Dy. S.P. Maharajganj, Distt. - Siwan 8.

The S.H.O. of Basantpur (Lakari Nabiganj O.P.), P.S. Distt. - Siwan 9.

The I.O. of Basantpur (Lakari Nabiganj) O.P.) P.S. Case no. 15/2022 of Bansant Police Station Siwan ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-III ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned A.C. to learned A.A.G.-III for the State.

2. Petitioner in the present writ application is seeking a direction to the respondent authorities to properly investigate Basantpur (Lakari Nabiganj O.P.) P.S. Case No. 15 of 2022 registered under Section 387 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner had received a mobile call demanding rangdari of Rs.

Patna High Court CR. WJC No.1036 of 2023(2) dt.06-11-2023 2/3 Five lakhs. He lodged the F.I.R. and in course of investigation police has found two persons have actively participated in the alleged occurrence. The Investigating Officer further found that about six mobile numbers were allegedly involved but after all this, no further action has been taken by the Investigating Officer of the case against the suspected persons.

4. Learned counsel for the State submits that for purpose of completion of investigation in a fair manner, appropriate direction may be issued to the Superintendent of Police, Siwan.

5. Having regard to the facts and circumstances of the case, the nature of reliefs prayed in the writ application, at this stage this Court directs the Superintendent of Police, Siwan (respondent no.6) to examine the grievance of the petitioner with regard to investigation of the case, find out whether the Investigating Officer of the present case is taking interest in the investigation or not and in case he is not taking interest, appropriate action shall be taken for fixing the responsibility for delay in investigation and the Investigating Officer of the case shall be changed.

6. The respondent no.6 shall ensure that proper investigation takes place within a reasonable time and a police

Patna High Court CR. WJC No.1036 of 2023(2) dt.06-11-2023 3/3 report is submitted in the court of learned Jurisdictional Magistrate. The respondent no.6 shall also issue appropriate instructions to the Investigating Officer or other supervising authority so that the investigation of the case goes in right direction.

7. This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) Rishi/- U T