Benu Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.741 of 2016 ====================================================== Benu Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anurag Saurav For the Respondent/s : Mr. Yogesh Kumar, AC to SC - 9. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 29-08-2016 With the grievance that the investigation in Kotwali P.S. Case No. 28 of 2016, has not been completed, this writ petition has been filed by the informant of the case aforementioned. I have heard Mr. Anurag Saurav, learned Counsel for the petitioner, and Mr. Yogesh Kumar, learned Assistant Counsel to Standing Counsel No. 9, appearing on behalf of State-resondents and perused the counter affidavit, which has been filed by the State-respondents, which indicates that on completion of the investigation, police report has been submitted under Section 173(2)(iii) of the Code of Criminal Procedure. In view of the above, the remedy of the petitioner lies in either applying to the jurisdictional Magistrate to direct further investigation of the case or to apply for setting aside and quashing the police report, whereby the accused have been exonerated. (I.A. Ansari, CJ) sunil/- U