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Patna High CourtCR. WJC/964/2021dismissed

Ravi Kant Tiwari v. The State Of Bihar Through Principal Secretary Deptt. Of Home, Govt. Of Bihar, Patna.

2023-07-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.964 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== RAVI KANT TIWARI S/o LATE SHASHI BHUSHAN TIWARI R/o SIRSA CHOWK, P.S-MUFFASIL, DISTRICT-KATIHAR.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPTT. OF HOME, GOVT. OF BIHAR, PATNA. PATNA 2.

THE INSPECTOR GENERAL OF POLICE (C) OLD SECRETARIAT, BIHAR, PATNA. PATNA.

3.

THE DIRECTOR GENERAL OF POLICE BIHAR, PATNA. PATNA. 4.

THE SUPERINTENDENT OF POLICE, KATIHAR. KATIHAR. 5.

THE DEPUTY SUPERINTENDENT OF POLICE, KATIHAR. KATIHAR. 6.

THE OFFICER INCHARGE, MUFFASIL P.S KATIHAR. KATIHAR. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh For the Respondent/s :

Mr. Shahbaj Alam, AC to GP 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-07-2023

1. Heard learned Counsel for the parties concerned.

2. The relief, sought for by the petitioner in the present writ application is for a direction to the Investigating Officer to record the statements of two witnesses, namely, Madan Sada and Pawan Yadav during the investigation of the case inasmuch as they are eye-witnesses to the occurrence as they were present at the place of occurrence at the time of the occurrence, in which the father of the petitioner has been killed.

3. Learned Counsel for the State, referring to paragraph 8 of

Patna High Court CR. WJC No.964 of 2021(3) dt.25-07-2023 2/2 the counter affidavit, submits that on the direction of the Superintendent of Police, Katihar, the statements of two witnesses, namely, Madan Sada and Pawan Yadav, have been recorded by the Investigating Officer. According to him, the grievance of the petitioner has, now, been redressed.

4. In view of the statement made in paragraph 8 of the counter affidavit and the fact that the statements of two witnesses have been recorded by the Police, the present writ application is dismissed as having become infructuous.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √