Md.Shakil @ Md.Shakil Ahmad v. The State Of Bihar Through The Secretary Department Of Home, Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1069 of 2023 Arising Out of PS. Case No.-312 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Md.Shakil @ Md.Shakil Ahmad Son Of Md. Rauf Resident Of VillageBhagwanpur, Po- Sugauna, Ps- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Department of Home, Bihar Patna BIHAR 2.

The Director General of Police, Bihar Patna Bihar 3.

The Deputy Inspector General of Police Darbhanga Division Darbhanga Bihar 4.

The District Magistrate, Madhubani BIHAR 5.

The Senior Superintendent of Police, Madhubani BIHAR 6.

The Deputy Superintendent of Police, Madhubani BIHAR 7.

The Officer Incharge, Rajnagar Police Station Madhubani BIHAR 8.

The Investigating Officer, Rajnagar Police Station Madhubani BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr.Ravi Prakash, Advocate Mr. Udeshya Kumar Yadav, Advocate For the Respondent/s :

Mr. Iqbal Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner in the present case is seeking a direction to the respondent authorities to take appropriate action against the investigating officer of Rajnagar P.S. Case No.312 of 2022 for his not taking appropriate steps towards proper investigation of the case. It is alleged that the I.O. of the case is sitting tight over the matter.

3. Learned counsel for the State has pointed out to the statements made in the counter affidavit. It is submitted that the

Patna High Court CR. WJC No.1069 of 2023(2) dt.03-11-2023 2/2 matter is under investigation and the CCTV footage of the alleged occurrence has been collected.

4. Having regard to the grievance of the petitioner, this Court directs the Senior Superintendent of Police, Madhubani (respondent no.5) to review the progress made in course of investigation of the case so far, ensure that the investigation goes on in right direction and in case it is found that the I.O. of the case is not working, he should not only be changed but appropriate action fixing his responsibility be taken.

5. In any case, the respondent no.5 shall ensure that the case is properly investigated and the instructions issued by the supervising authorities to the I.O. are duly followed. A police report upon completion of the investigation be submitted in the court of learned jurisdictional Magistrate within a reasonable period.

6. This writ application stands disposed of accordingly.

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