Md. Sahid Siddiki v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.774 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- ARRARIA ===========================================================

1. Md. Sahid Siddiki S/o SK. Nasiruddin, Resident of Village- Rajganj, P.S. Narpatganj, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Bihar, Patna.

3. The Deputy Inspector General, Purnea.

4. The Superintendent of Police, Araria.

5. The Deputy Superintendent of Police, Forbesganj, Araria.

6. The Station Hosue Officer, Narpatganj Police Station, Araria.

7. The Branch Manager, Central Bank of India, Branch Narpatganj, Branch Code01395, District- Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Respondent/s : Mr. P.K. Verma, AAG-3 Mr. Saroj Kumar Sharma, AC to AAG-3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 14-09-2016 With the help of this writ petition, made under Articles 226 and 227 of the Constitution of India, the petitioner came with the grievance that he instituted Complaint Case No.3646C of 2014, on 07.01.2016, which was sent by learned jurisdictional Magistrate, Araria, to the Narpatganj Police Station for registration of the case, but the same has not been done.

Heard Mr. Anil Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. P.K. Verma, learned Additional Advocate General No.3, appearing on behalf of the State-respondents.

Patna High Court Cr. WJC No.774 of 2016 dt.14-09-2016 2/3 By filing a counter affidavit, the State-respondents have submitted, to the effect, inter alia, that the complaint aforementioned was received by the said police station on 18.08.2016 and the case bearing Narpatganj Police Station Case No.288 of 2016 came to be registered on 31.08.2016. There is no explanation, given in the counter affidavit, as to why the complaint was not registered immediately after the same was received, at the said police station, as First Information Report. No explanation is discernable, in this regard, from the materials on record either.

In view of the fact that the First Information Report has already been registered, this writ petition is closed with direction to the Superintendent of Police, Araria, to hold an inquiry as to why the First Information Report, bearing Narpatganj Police Station Case No.288 of 2016, was so belatedly lodged and if the explanation, which may be offered by the Officer-in-Charge of the said police station, is found to be not satisfactory, appropriate action shall be taken against the Officer-in-Charge, Narpatganj Police Station. The whole exercise, so directed, shall be completed within a period of three weeks from the date of receipt of a copy of this order by the Superintendent of Police, Araria. The result of the inquiry and the disciplinary proceeding, if any, shall be furnished to this Registry within a period of six weeks from today.

Patna High Court Cr. WJC No.774 of 2016 dt.14-09-2016 3/3 The Registry shall place on record the report, which may be submitted by the Superintendent of Police, Araria, and list the same before this Court for further necessary order. Send forthwith a copy of this order by FAX to the Superintendent of Police, Araria.

(I. A. Ansari, CJ) Mkr./- AFR/NAFR NAFR CAV DATE Uploading Date 16.09.2016 Transmission Date 16.09.2016