Manoj Kumar v. The State Of Bihar Through The Principal Secretary Home, Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.892 of 2022 Arising Out of PS. Case No.-459 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== MANOJ KUMAR Son of Ram Sagar Yadav Resident of Village - Kabaiya Ward No.- 31, P.S.- Kabaiya, District - Lakhisarai. ... ... Petitioner
Versus
1.
The State of Bihar through the Principal Secretary Home, Bihar, Patna. 2.
The Director General of Police, Bihar, Patna. 3.
The Superintendent of Police, Lakhisarai.
4.
The Deputy Superintendent of Police, Lakhisarai. 5.
The Deputy Superintendent of Police, Munger.
6.
The Officer-in-charge of Kabaiya Police Station, Kabaiya, District - Lakhisarai.
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad, Advocate For the Respondent/s :
Mr.Deepak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2022 Learned counsel for the petitioner is permitted to remove the SR defects within three weeks.
Learned counsel for the petitioner submits that this writ application was originally filed for a direction to the police officer to recover the minor victim girl, but at this stage, learned counsel for the State has informed that the victim girl had already been recovered therefore to that extent the prayer made in the writ application has become infructuous.
Learned counsel further submits that the another
Patna High Court CR. WJC No.892 of 2022(2) dt.01-11-2022 2/3 prayer of the petitioner is to direct the respondent police officer to conduct proper and fair investigation of the case. Learned counsel for the State submits that since the victim girl has already been recovered and the case is being properly investigated, there is no reason for the petitioner to feel aggrieved by the ongoing investigation. It is stated that in course of investigation the case has been found true against Aditya Kumar Yadav, Anshu Kumar, both sons of Deepak Yadav; Deepak Yadav, son of Prem Sagar Yadav; Arti Devi, wife of Deepak Yadav; Rupesh @ Rupak, son of Prem Sagar and Bikku Kumar, son of Late Shankar Saw resident of Purani Bazar, Ward No. 14 and the direction has been issued to the I.O. to do the needful.
Learned counsel has drawn the attention of this Court towards the statements made in paragraph '9' of the counter affidavit wherein it is stated that after lodging of F.I.R. a SIT has been formed under command of Saiyad Imran Masood, ASP-cum-SDPO, Lakhisarai.
Considering the facts and circumstances as also the statements made in the counter affidavit, this Court is disposing of the writ application with a direction to the Superintendent of Police, Lakhisarai (respondent no. 3) to
Patna High Court CR. WJC No.892 of 2022(2) dt.01-11-2022 3/3 ensure a proper and fair investigation of the case and submission of police report in the learned court below within a reasonable period.
This writ application stands disposed of accordingly. Certified copy of this order shall be made available only after removal of the defects.
(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'.