Shatrudhan Prasad Yadav v. The State Of Bihar Through The Additional Chief Secretary, Home Deptt., Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.949 of 2021 Arising Out of PS. Case No.-340 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Shatrudhan Prasad Yadav S/o Late Kari Prasad Yadav, R/o Village-Bishanpur, Ward No.4, P.S-Supaul, District-Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Additional Chief Secretary, Home Department, Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General of Police, Darbhanga Zone, Darbhanga. 4.

The Deputy Inspector General of Police, Koshi Range, Saharsa. 5.

The Superintendent of Police, Supaul.

6.

The Sub-Divisional Police Officer, Supaul.

7.

The Station House Officer, Supaul P.S, Supaul. 8.

The Investigating Officer of Supaul P.S. Case No.340 of 2020 P.S, Supaul, District-Supaul.

9.

Shri Nitish Kumar S/o Jagdish Prasad Yadav, R/o Village-Sahgarh Tola Bhagwanpur, P.S-Madhepura, District-Madhepura. 10.

Shri Rajesh Kumar S/o Jagdish Prasad Yadav, R/o Village-Sahgarh Tola Bhagwanpur, P.S-Madhepura, District-Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Respondent/s :

Mr. Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition seeking direction to the respondent to re-supervise the entire investigation relating to Supaul P.S. Case No. 340 of 2020 lodged under Sections 302, 379/34 of the I.P.C. It has also been

Patna High Court CR. WJC No.949 of 2021(2) dt.23-03-2023 2/3 prayed that immediate coercive steps be taken against respondent nos.2 to 8 with further prayer therein that respondent be replaced as I.O. who is alleged to be not fair and impartial and also seeking direction to the investigating agency to complete the inquiry in a fair and impartial manner. Learned counsel for the State submits that counter affidavit has been filed in this case. He further submits that a protest petition has already been filed in this case which is apparent from Annexure-5 to the writ petition. Learned counsel for the petitioner submits that petitioner has filed representation before the D.G.P., Koshi Range, Saharsa on 06.01.2021, on which, no action was taken. He further submits that petitioner has filed another representation on 30.07.

2021 but again no action was taken, therefore, he has filed the present Cr. Writ Petition. In this view of the matter, petitioner is directed to file a fresh representation before Superintendent of Police, Supaul in the light of order passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases within four weeks from the date of passing of this order. The Superintendent of Police, Supaul is directed to do the needful in the light of order passed in Surendra Singh Vs.

Patna High Court CR. WJC No.949 of 2021(2) dt.23-03-2023 3/3 State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases.

With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U T