Harihar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1019 of 2023 Arising Out of PS. Case No.-566 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Harihar Prasad Son of Late Sri Bhagwan Prasad Resident of VillageNathuChhap Koiri Tola, PS- Mufassil, Distt- Siwan ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Director General of Police, Government of Bihar, Patna 3.

The Superintendent of Police, Siwan 4.

The SHO, Mufassil Distt- Siwan ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Singh, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and the learned counsel for the State.

2. Petitioner in the present case is seeking a direction to the respondent authorities to properly investigate the case. It is submitted that the Investigating Officer is not conducting fair investigation and is favouring the accused persons named in the case. He is aggrieved by the conduct of investigation of Siwan Mufassil P.S. Case No. 566 of 2020.

3. A counter affidavit has been filed on behalf of the State. It is stated in paragraph '11' of the counter affidavit that on the basis of the materials gathered by the Investigating Officer, the present petitioner and his wife were arrested as the

Patna High Court CR. WJC No.1019 of 2023(3) dt.14-12-2023 2/2 case was found true against them. A charge-sheet bearing Number 211 of 2021 dated 02.07.2021 has been submitted against the petitioner and his wife, and the named accused persons have been exonerated. It is submitted that despite knowing all these facts, the present writ application has been filed by concealing these material information.

4. Learned counsel for the petitioner submits that the petitioner is a poor person and perhaps he could not properly instruct him while filing the writ application. He seeks permission to withdraw this application with liberty to seek appropriate remedy in accordance with law.

5. This application is permitted to be withdrawn with liberty, as prayed.

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