Baid Nath Singh v. The State Of Bihar Through Its Chief Secretary, Old Secretariat And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.566 of 2014 =========================================================== Baid Nath Singh, Son of Late Bachchu Singh, Resident of Mohalla-New Colony Balughat, P.S.-Town, District-Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary, Old Secretariat, Patna.

2. Principal Secretary, Home Police, Bihar, Patna

3. The Director General of Police (D.G.), Bihar, Patna

4. Inspector General of Police (I.G), Tirhut Range, Muzaffarpur

5. District Magistrate (D.M), Muzaffarpur

6. S.S.P. (Senior Superintendent of Police) Muzaffarpur

7. City S.P., Muzaffarpur

8. S.D.P.O. (Sub Divisional Police Officer) (West) Muzaffarpur

9. S.H.O. (Officer Incharge) P.S.- Kanti, District -Muzaffarpur

10. Arbind Kumar, Son of Late Ram Swarth Singh

11. Sanjay Kumar Singh, Son of Late Barandeo Singh, Both resident of Village -Madhopur, P.O. -Mogalniya, P.S.- Madhuban, DistrictEast Champaran (Motihari)

12. Parvinder Kumar, Son of Rajmangal Paswan, Resident of Village-Majhulia Khabra, P.S.- Sadar, District -Muzaffarpur.

13. Chandeshwar Rai, Son of Binda Rai, Resident of Village -Majhoulia, P.O. and P.S.- Pakridayal (East Champaran) Motihari

14. Chandra Bhushan Prasad Singh, Son of not known Ex-Branch Manager, Kshatriya Gramin Bank, Madhuban at present resident of Mohalla -Chhatauni, P.S.- Chhatauni, District- East Champaran (Motihari) .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Yogendra Kumar Singh, Advocate For the Respondent/s : Mr. Siddharth Shanbkar Pandey, AC to GP-24 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT

Patna High Court Cr. WJC No.566 of 2014 dt.05-02-2015 2 / 3 Date: 05-02-2015 The petitioner is informant of Kanti P.S. Case No. 316 of 2013 registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code.

In the present application filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of direction to the respondents to investigate the aforesaid police case expeditiously and properly.

Learned counsel for the petitioner has submitted that despite lapse of more than a year, there is no progress in investigation of the case.

Be that as it may, to hold investigation is the statutory right of police. At this stage, the Court has no role to play. However, a prompt and sensitive investigating agency is indispensable to the criminal justice system.

In that view of the matter, I direct the Senior Superintendent of Police, Muzaffarpur and City Superintendent of Police, Muzaffarpur (respondent nos. 6 & 7) to personally look into the matter and ensure that the investigation of the case is concluded without any undue delay.

It would be open to the investigating agency to submit such report as it deems fit and proper in the facts and circumstances

Patna High Court Cr. WJC No.566 of 2014 dt.05-02-2015 3 / 3 of the case on the basis of facts unfurled in course of investigation. With these observations, the application is disposed of. Registry is directed to send a copy of the order to the respondent nos. 6 and 7.

(Ashwani Kumar Singh, J.) Sanjeet/- U T