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Patna High CourtCR. WJC/237/2016disposed

Pinki Naj And ANR v. The State Of Bihar And ORS

2016-04-18The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.237 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- SAMASTIPUR ===========================================================

1. Pinki Naj, wife of Md. Rustam.

2. Soni Naj, wife of Mistar Mian, Both are Resident of Village- Motipur, Police Station- Rosera, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Inspector General of Police, Muzaffarpur, Zone, Muzaffarpur.

4. The Superintendent of Police, Samastipur.

5. The Station House Officer, Rosera, Samastipur.

6. Sri Shahjahan Khan, Assistant Sub, Inspector, Rosera Police Station, Samastipur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Respondent/s : Mr. Ajay, GA-12 =========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL JUDGMENT Date: 18-06-2016 Heard Mr. Shashank Shekhar, learned Counsel, appearing on behalf of the petitioners, and Mr. Ajay, learned Government Advocate No.12, appearing on behalf of State-respondent. Considering the fact that respondent No.6 is the relative of the family of the informant, whose information, given to the police, has given rise to Rosera Police Station Case No.174 of 2015, respondent No.6 cannot be allowed to remain investigating officer of the case aforementioned.

In view of the above, Superintendent of Police,

Patna High Court Cr. WJC No.237 of 2016 dt.18-06-2016 2/2 Samastipur, is hereby directed to get Rosera Police Station Case No.174 of 2015 investigated by appointing an Investigating Officer other than respondent No.6. It is further directed that the investigation shall be carried out properly and expeditiously ensuring that no harassment is caused to the innocent person.

With the aforesaid observations and directions, this writ petition stands disposed of.

Mkr./- (I.A. Ansari, ACJ.) U T