Khushbu Kumari v. The State Of Bihar, Through The Additional Chief Secretary, Depart. Of Home, Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.974 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== KHUSHBU KUMARI, Wife of Ranjan Jha @ Chhotu, daughter of Ram Naresh Jha R/v- Mahamuda, P.S- Ghanshyampur, Dist- Darbhanga, at present residing at village- Rasiyari, P.s- Ghanshyampur, Dist- Darbhanga ... ... Petitioner
Versus
1.
The State of Bihar, through the Additional Chief Secretary, Depart. of Home, Govt. of Bihar, Patna 2.
The Director General of Police, Bihar, Patna 3.
The Inspector General of Police, Darbhanga 4.
The Deputy Inspector General of Police Darbhanga, Dist- Darbhanga 5.
The Sub-Divisional Police Officer, Biraul, Dist- Darbhanga 6.
The Sub-Divisional Police Officer, Benipur, Dist- Darbhanga 7.
The Officer-in-charge, Ghanshyampur Police Station, Dist- Darbhanga 8.
The Officer-in-charge, Bahera Police Station, Dist- Darbhanga ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar Jha, Advocate.
Mr.Pranav Kumar Jha, Advocate For the Respondent/s :
Ms.Babita Kumari, AC to SC-1.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and Ms. Babita Kumari, learned AC to SC-1 for the State. Petitioner in the present case is seeking a direction to respondent nos. 1 and 2 to conduct a proper and fair investigation of Ghanshyampur P.S. Case No. 27/2021 dated 11.02.2021 registered for the offence punishable under Section 396 of I.P.C., Ghanshyampur P.S. Case No. 68/2022 registered for offence under Section 395 of I.P.C. and Bahera P.S. Case No. 138/2022 for offence under Section 25(1-a), 26 and 36 of the
Patna High Court CR. WJC No.974 of 2022(2) dt.03-11-2022 2/3 Arms Act. It is also prayed that the investigation of the case may be handed over to the C.I.D.
It appears on perusal of the writ application that this petitioner is questioning the implication of her husband namely, Ranjan Kumar Jha in the aforesaid cases. She is questioning the investigation of the cases.
A counter affidavit has been filed in this case wherein the respondent authorities have explained as to how the husband of the petitioner who was arrested in connection with Ghanshyampur P.S. Case No. 68/2022 and his involvement was found in Ghanshyampur P.S. Case No. 27/2021 as also in connection with Bahera P.S. Case No. 138/2022. It is further stated that after his arrest police has submitted chargesheets in those cases, even before filing of the writ application the chargesheets were already filed but these facts are not stated in the writ application.
Having regard to the facts and circumstances of the case, the disclosures made in the counter affidavit filed on behalf of the respondent authorities and upon hearing learned counsel for the parties, this Court is of the considered opinion that this writ application is misconceived as it has been filed after completion of the investigation and at this stage nothing
Patna High Court CR. WJC No.974 of 2022(2) dt.03-11-2022 3/3 remains to be adjudicated for purpose of giving a direction to the respondent authorities to conduct a proper investigation. The petitioner has sought to question the investigation of the cases lodged against her husband which cannot be gone into in the present writ application.
This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) tusharika/- 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'.