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Patna High CourtCR. WJC/1014/2015dismissed

Shyam Kumar Choudhary v. The State Of Bihar And ORS

2016-02-24Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1014 of 2015 Arising Out of PS.Case No. -283 Year- 2014 Thana - Saraiya District- MUZAFFARPUR ===========================================================

1. Shyam Kumar Choudhary S/o Shree Kamleshwari Choudhary, Resident of Village - Ambara Tej Singh, P.S. - Saraiya, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The Inspector General of Police, Tirhut Zone, Muzaffarpur.

4. The Deputy Inspector General of Police, Tirhut Zone, Muzaffarpur.

5. The Senior Superintendent of Police, Muzaffarpur.

6. The Officer-In- Charge, of Saraiya Police Station, Muzaffarpur.

7. The Investigating Officer, saraiya, Police Station - Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Adv. For the Respondent/s : Mr. R.K. Singh, GP-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 24-02-2016 By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the First Information Report of Saraiya P.S.Case No. 283 of 2014 dated 30.07.2014 registered under Section 25(1-B)(a) of the Arms Act.

I have heard learned counsel for the petitioner and learned counsel for the State and perused the FIR, as contained in Annexure-1 to the present application. The allegations made therein do attract the ingredients of a cognizable offence. In that view of the matter, I do not find any merit in the

Patna High Court Cr. WJC No.1014 of 2015 dt.24-02-2016 2/2 present application. Accordingly, the application is dismissed. However, before I part with this order, I must take into account the undue delay caused in investigation of the case. Since the case was instituted on 30th July, 2014 and it is submitted that the investigation has not yet completed, I direct the Senior Superintendent of Police, Muzaffarpur to personally look into the matter and ensure that the investigation is completed as early as possible, preferably within two months from the date of receipt/production of a copy of the order.

Registry is directed to send a copy of the order to the Senior Superintendent of Police, Muzaffarpur through Fax. (Ashwani Kumar Singh, J) Pradeep/- U T