Nandan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.862 of 2022 Arising Out of PS. Case No.-613 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== NANDAN SAHANI Son of Late Brahamdeo Sahani R/o Lakhaura Purwari Tola, P.S.-Lakhaura, Distt.-E. Champaran.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Superintendent of Police, E. Champaran at Motihari E. Champaran. 3.

Officer Incharge, Motihari Police Station, Distt.-E. Champaran. 4.

D.I.G. Champaran Range at Bettiah, W. Champaran. 5.

The Dy. S.P. Sadar Motihari, Distt.-E. Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and Mr. Sheo Shankar Prasad, learned SC-8 for the State.

Petitioner, in the present case, is seeking a direction to the Superintendent of Police, East Champaran at Motihari (respondent no. 2) to properly investigate Motihari Town P.S. Case No. 613/2021 registered for the offence under Sections 366, 120(B), 354, 504, 506, 34 of the Indian Penal Code. The grievance of the petitioner is that in this case the entire family of one Deva Sahani have been made accused. Deva Sahani is said to be in judicial custody and a charge-sheet has already been filed against him. So far as the other accused are concerned, the investigation has been kept pending against

Patna High Court CR. WJC No.862 of 2022(2) dt.01-11-2022 2/2 them.

Learned counsel for the petitioner submits that the petitioner has filed a representation (Annexure '2') pointing out certain aspects of the matter which are required to be examined in course of investigation but the I.O. of the case is sitting tight over the matter and is not taking any effort to investigate the matter from that angle.

Learned counsel for the State submits that in such circumstance respondent no. 2 may look into the request of the petitioner as contained in Annexure '2' and examine the same. In the given facts and circumstances, this writ application is being disposed of with a direction to the respondent no. 2 to look into the request of the petitioner as contained in Annexure P-2, examine the same and in case the investigation is still pending, take an appropriate view thereon in course of investigation.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.