Nawal Sharma @ Nawal Kishore Sharma v. The State Of Bihar Through The Director General Of Police Cum Inspector General Of Police, Gaya And
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.731 of 2016 ======================================================
1. Nawal Sharma @ Nawal Kishore Sharma Son of Late Paramdhan Sharma R/o village- Chainpur, P.O. - Ahiyapur, P.S. Koach, District-Gaya .... .... Petitioner/s
Versus
1. The State of Bihar Through The Director General of Police-cuminspector General of Police, Gaya
2. The Superintendent of Police,Gaya, District-Gaya .... .... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No.396 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- GAYA ======================================================
1. Nawal Sharma @ Nawal Kishore Sharma Son of late Paramdhan Sharma R/o Village- Chainpur, Po Ahiyapur, PS Koach, District Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar Through The Director General of Police-cuminspector General of Police, Gaya & Anr.
2. The Superintendent of Police, Gaya District Gaya. .... .... Respondent/s ====================================================== Appearance :
(In Cr. WJC No.731 of 2016) For the Petitioner/s : Mr. Dinu Kumar, Advocate Mr. Arvind Kumar Sharma, Advocate For the Respondent/s : Mr. S.K. Singh, AC to AAG-10 For the Informant : Mr. S. Azim, Advocate (In Cr. WJC No.396 of 2016) For the Petitioner/s : Mr. Dinu Kumr, Advocate Mr. Rajesh Kumar Singh, Advocate For the Respondent/s : Mr. Rakesh Kumar Shrivastava, AC to GP-15 For the Informant : Mr. S. Azim, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-10-2016 Heard Mr. Dinu Kumar, learned Counsel for the petitioners, and Mr. S. Azim, learned Counsel, appearing on behalf of the Informant. Heard also Mr. S.K. Singh, learned
Patna High Court Cr. WJC No.731 of 2016 (5) dt.20-10-2016 2/3 Assistant Counsel to Additional Advocate General No.10, and Mr. Rakesh Kumar Shrivastava, learned Assistant Counsel to Government Pleader No.15, appearing on behalf of the Staterespondents. With the help of these two applications, made under Articles 226 and 227 of the Constitution of India, in substance, the petitioner-accused, who is accused in Magadh Medical College and Hospital Gaya Police Station Case No.87 of 2011 (Trial No.2676 of 2014), has sought for a direction for further investigation by conducting DNA test of Adarsh Kumar, who, according to the petitioner, born from the wedlock of deceased Poonam Sharma (mother) and Saket Kumar (father) so as to determine if the inquest/post mortem was performed on the dead body of Poonam Sharma or not.
In view of the fact that neither the inquest nor the post mortem give any indication that the dead body was decomposed coupled with the fact that it is the photograph, available in the case diary, of the deceased, this Court is of the view that, at this stage, the prayer for further investigation, for the purpose of conducting DNA Test, as has been sought for, is not tenable. Both these writ petitions are, therefore, as has been sought by the learned counsel for the petitioner, allowed to be
Patna High Court Cr. WJC No.731 of 2016 (5) dt.20-10-2016 3/3 withdrawn with liberty granted to the petitioner to approach this Court with appropriate application, in future, if so advised, and/or take recourse to such provisions of law as may be permissible. Mkr./- (I.A. Ansari,CJ) U T