Patna High CourtCR. WJC/82/2016disposed

Subhas Saw v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS.

2016-02-11Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.82 of 2016 ====================================================== Subhas Saw, son of Late Ghuna Saw, Resident of Village - Bargawn, P.S. - Rafiganj, District - Aurangabad, At present East Vasuriya, Sector No. - 4, Dhanbad, P.S. - Tetulmari (Bhuli), District - Dhanbad (Jharkhand). .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Home Secretary, Government of Bihar, Patna.

3. The Under Secretary, Home (Police) Department, Government of Bihar, Patna.

4. The District Magistrate, Aurangabad.

5. The Superintendent of Police, Aurangabad.

6. The Registrar, Civil Court, Aurangabad.

7. Kanhai Saw son of Sadhu Saw

8. Barjesh Saw son of Sadhu Saw

9. Rubby Kumari daughter of Sadhu Saw

10. Renu Devi daughter of Sadhu Saw

11. Sadhu Saw son of Late Chalitar Saw

12. Radhika Devi wife of Sadhu Saw Respondent no. 7 to 12 are resident of Village - Deo Pokhar Par, P.S. - Deo, District - Aurangabad.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Madan Jeet Kumar, Advocate Mr. Mrigandra Kumar, Advocate For the Respondents : Mr. Brajesh Kumar, A.C. to A.A.G.11 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner has lodged Complaint Case No.968 of 2011 for an offence punishable under Section 304B read with Section 120B of the Indian Penal Code on 14th of November, 2011 in respect of death of his daughter Pushpa Kumari. It is also pointed out that U.D. Case No.56 of 2011 dated 06.11.2011 has

Patna High Court Cr. WJC No.82 of 2016 (2) dt.11-02-2016 2/2 been registered by Sasaram Railway Police Station in respect of the death of Puspha Kumari. Both, the complaint filed by the petitioner and the U.D. Case No.56 of 2011, are under consideration by Sub-Divisional Judicial Magistrate, Aurangabad, which was lastly fixed on 11th January, 2016. It is pointed out by the learned counsel for the petitioner that the report from Sasaram Railway Police Station as well as the report from Deo Police Station has been received by the trial Court, but still the matter has not been concluded either way.

Keeping in view the fact that the death has occurred in the year 2011 and the matter is still pending before the Magistrate, I deem it appropriate to direct the Sub-Divisional Judicial Magistrate, Aurangabad to decide the Complaint Case No.968 of 2011 and U.D. Case No.56 of 2011 in accordance with law expeditiously, preferably within a period of six months. With the aforesaid observation and direction, this writ petition stands disposed of.

(Hemant Gupta, J) Sunil/- U T