Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.897 of 2022 Arising Out of PS. Case No.-427 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== OM PRAKASH SINGH Son of Late Pashupati Singh Resident of Mohalla - Prabhunath Nagar, P.S. Muffasil, District - Chapra. ... ... Petitioner

Versus

1.

The State of Bihar 2.

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

The Inspector General of Police, Tirhut Range, Muzaffarpur. 4.

The Deputy Inspector General of Police, Saran Division, Chapra. 5.

The Superintendent of Police, Saran at Chapra. 6.

The Deputy Superintendent of Police, Sadar, Chapra. 7.

The Station House officer, Muffasil, Police Station, Chapra. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Binod Singh, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2022 Learned counsel for the petitioner shall remove all the defects as pointed out by the Stamp Reporter within three weeks from today.

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 respondents to conduct free, fair and proper investigation of Chapra Muffasil P.S. Case No. 427/2022 registered for the offence under Sections 147, 148, 149, 323, 324, 326, 307, 302 of the Indian Penal Code and section 27 of

Patna High Court CR. WJC No.897 of 2022(2) dt.01-11-2022 2/3 the Arms Act.

Learned counsel for the petitioner submits that the mother of the petitioner has vide Annexure '3' to the writ application brought certain important materials to the notice of the Deputy Inspector General of Police, Saran at Chapra and the DIG, Saran at Chapra sent the matter to the Superintendent of Police, Chapra to look into those aspects of the matter.

Learned counsel submits that for a proper and fair investigation the materials submitted by the petitioner vide Annexure '3' to the writ application is required to be examined.

Learned counsel for the State submits that if the investigation of the case is still pending, the Superintendent of Police, Saran at Chapra (respondent no. 5) may consider the representation of the petitioner as contained in Annexure '3', examine the same and take appropriate view thereon. Having regard to the submissions noted hereinabove and stand taken on behalf of the State, this Court is disposing of this writ application with a direction to the Superintendent of Police, Saran at Chapra (respondent no. 5) to look into the materials which have been placed for consideration by the

Patna High Court CR. WJC No.897 of 2022(2) dt.01-11-2022 3/3 petitioner vide Annexure '3' to the writ application, take appropriate view thereon and submit a police report after conducting proper and fair investigation of the case. 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'.