Nirmal Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1035 of 2016 Arising Out of PS. Case No.-11 Year-2016 Thana- GWALPARA District- Madhepura ====================================================== Nirmal Kumar Son of Jaychandra Yadav, Resident of Village- Rahi Tola, P.S.- Gwalpara, District- Madhepura.

... ... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Dy. Inspector General, Koshi Range, Saharsa.

4. The Superintendent of Police, Madhepura.

5. The Sub Divisional Police Officer, Udakishunganj, District- Madhepura.

6. The officer-in-Charge, Gwalpara, Police Station, District- Madhepura.

7. Bano Yadav Son of Late Chit Narayan Yadav.

8. Dinesh Yadav, Son of Late Chit Narayan Yadav.

9. Binod Yadav, Son of Bano Yadav.

10. Jyotish Yadav, Son of Bano Yadav.

11. Bittu Kumar Son of Bano Yadav.

12. Govind Yadav, Son of Dinesh Yadav.

13. Raj Kishore Yadav Son of Late Laxmi Yadav.

14. Pankaj Yadav, Son of Raj Kishore Yadav.

15. Niranjan Yadav Son of Raj Kishore Yadav.

16. Jawahar Yadav, Son of Mohan Yadav, All are residents of Village- Rahi Tola, P.S. Gawalpara, District- Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Pratap Singh, Advocate For the Respondent/s :

Mr. Mankeshwar Tiwari, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 04-01-2019 This writ petition has been filed under Articles 226 and 227 of the Constitution of India by the petitioner, who is informant of Gawalpara P.S. Case No.11 of 2016 registered on 21.02.2016 under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code as well as Section 27 of the Arms Act, for

Patna High Court Cr. WJC No.1035 of 2016 dt.04-01-2019 2/2 issuance of direction by the respondent Nos. 2 to 6 to conduct proper investigation of the case and arrest respondent Nos. 7 to 16.

2. At the outset, it is pointed out that the investigation of the case has already been completed and the police have submitted their report under Section 173 (2) of procedure vide charge-sheet No. 115 of 2017 dated 31.12.2017.

3. Since the investigation is complete and the matter is pending before the court of jurisdictional Magistrate, I see no reason to issue any direction to the respondents in the matter.

4. It is settled position in law that once investigation is over and charge-sheet is submitted, it is for the court concerned to consider the materials available on record and pass orders in accordance with law.

5. In that view of the matter, the writ petition is dismissed as infructuous.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2019 Transmission Date 07.01.2019