Surendra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.913 of 2014 ====================================================== Surendra Rai, S/O Sri Rajendra Rai, resident of village Neori, P.S. Bihta, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Inspector General, Patna Range, Patna

3. The Senior Superintendent of Police, Patna

4. The Superintendent of Police (Rural), Patna

5. The Officer-in-Charge, Bihta Police Station, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gaurav Govind For the Respondent/s : Mr. Santosh Kumar Jha(Gp-3) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-03-2015 At the outset, learned counsel for the petitioner has submitted that during the pendency of the case, the police have concluded the investigation and submitted their report under section 173(2) of the Code of Criminal Procedure before the Magistrate of competent jurisdiction.

In that view of the matter, the challenge to the authority of the Sub Inspector of Police in the matter of investigation of a case instituted for the offence under the SC & ST (POA) Act, 1989 has become infructuous. In case, the Magistrate takes cognizance of the offence under the SC & ST (POA) Act, 1989, the petitioner shall be at liberty to challenge the order in accordance with law. With this observation, the application is disposed of as infructuous.

(Ashwani Kumar Singh, J) Pradeep/- U T