Patna High CourtCR. WJC/105/2016dismissed

Nand Kishore Paswan v. The State Of Bihar Through The Principal Secretary, Department Of Home Police, Govt. Of Bihar, Pat

2016-03-09Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.105 of 2016 ====================================================== Nand Kishore Paswan, Son of Late Nikhedi Paswan, resident of VillageSethna (Paswan Toli), P.S. - Halsi, District - Lakhisarai .... .... Petitioner/s

Versus

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

2. The Director General of Police, Bihar, Patna

3. The Deputy Inspector General of Police, Munger

4. The Senior Superintendent of Police, Lakhisarai

5. The Deputy Superintendent of Police, Lakhisarai

6. The Officer-in-Charge, Halsi Police Station, District- Lakhisarai .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Respondent/s : Mr. P.K. Verma, AC to SC 26. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER 09-03-2016 The petitioner is an accused in Halsi P.S. Case No. 116/2010 for the offences under Sections 302 and 34 of the Indian Penal Code. As per the counter affidavit, the investigations in this case are complete and two co-accused, namely, Raj Kumar Paswan and Shibu Yadav have been made to stand trial in terms of chargesheet dated 12.05.2011.

The grievance of the petitioner is that on the date of occurrence, he was in custody in J.N.G.R. No. 3232/2010 but such aspect has not been investigated by the police. As per the respondents, the petitioner is absconding investigation and has not been arrested so far. The stand of the

Patna High Court Cr. WJC No.105 of 2016 (5) dt.09-03-2016 2/2 petitioner would be his defence in the trial and it cannot be said that the petitioner is entitled to any further investigation in the matter when he has not allowed even the investigations to be completed against him. In view thereof, there is no merit in the present writ petition. The same is dismissed. (Hemant Gupta, J) Dilip/- U