Ajay Rai v. The State Of Bihar Through Director General Of Police, Bihar Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1158 of 2015 ====================================================== Ajay Rai Son of late Nawal Rai Resident of Village+ Post Raghopur ,P.S Jurawanpur ,district Vaiahali.
.... .... Petitioner
Versus
1. The State of Bihar through Director General of Police, Bihar Patna
2. The Superintendent of Police, Vaishali.
3. Deputy Superintendent of Police, Vaishali at Hajipur.
4. The Officer-in-Charge of Jurawanpur Police station, Vaishali-cum-the Investigating officer of Jurawanpur P.S Case No. 09/14
5. Pappu Singh Son of Shivnath Singh resident of Village- Raghopur West, P.S Jurawanpur ,District Vaishali .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Respondent/s : Mr. S.K.Jha, GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 4.
24-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner, in the present case, is seeking a direction commanding the respondents especially the Officer-in-Charge of Jurawanpur Police Station, Vaishali at Hajipur to conduct proper investigation of the case and to submit a final report based on such investigation. A prayer has also been made to direct the respondent no. 4 to produce viscera report of the deceased and to take appropriate steps for recording statement of the witnesses under Section 161 Cr.P.C.
Learned counsel for the State has filed a
Patna High Court Cr. WJC No.1158 of 2015 (4) dt.24-01-2018 supplementary affidavit today on behalf of the Superintendent of Police, Vaishali at Hajipur wherein it is stated that investigation is still going on and viscera report of the deceased in connection with Jurawanpur P.S. Case No. 9 of 2014 has been received.
This case is of the year 2014. Admittedly, the investigation is still pending. This is not a pleasant state of affairs on the part of the investigating agency, an abnormal delay in completion of investigation is likely to take away the prosecution case.
Superintendent of Police, Vaishali at Hajipur is directed to ensure completion of investigation without losing further time. A final report in accordance with law must be filed in the court below within a reasonable time frame. In case, the petitioner still feels aggrieved, he will have liberty to move the court below by filing an appropriate application, which may be considered by the learned Magistrate with some urgency giving priority. The learned Magistrate while deciding such application will keep in mind what has been held by the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of U.P. reported in (2008) 2 SCC 409 which has been
Patna High Court Cr. WJC No.1158 of 2015 (4) dt.24-01-2018 followed in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage reported in (2016) 6 SCC 277. This criminal writ application is stands disposed off in terms of the directions stated-above. (Rajeev Ranjan Prasad, J.) Rajeev/- U T