Sohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1283 of 2023 Arising Out of PS. Case No.-44 Year-2022 Thana- DURAULI District- Siwan ====================================================== Sohan Sahani Son Of Late Nageshwar Sahani Resident Of Village- Mueya, Ps- Sikandarpur, Dist- Uttar Pradesh ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

The Director General Of Police (Dgp), Bihar Bihar 3.

The Deputy Inspector Of Police, Saran Bihar 4.

The Superintendent Of Police, Siwan Bihar 5.

The Sub-Divisional Police Officer, Siwan Bihar 6.

The Station House Officer-In-Charge, Darauli Police Station, Siwan Bihar 7.

The Investigating Officer Of Fir No. 44/2022, Darauli Police Station, DistSiwan Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kant, Advocate Mr. Rajat Kumar Tiwary, Advocate Ms. Deepika Sharma, Advocate Mr. Shailesh Kumar, Advocate For the Respondent/s :

Mr. Prabhat Kumar Verma, AAG 3 Mr. Suman Kumar Jha, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-06-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This application has been filed on behalf of the petitioner for the following reliefs:- I). To issue an appropriate writ(s)/order(s)/direction(s) in the nature of mandamus to direct the respondents for a fair investigation pursuant to the registration of First Information Report as directed by the Court of Learned Chief Judicial Magistrate, Siwan vide its order dated 24.01.2022, whereby the learned Magistrate owing to the facts, circumstances and

Patna High Court CR. WJC No.1283 of 2023(5) dt.23-06-2025 2/2 nature of the offence alleged in the Complaint Case No. 153 of 2022 transferred the said complaint for investigation to the concerned police station under Section 156(3) of Code of Criminal Procedure. ii) To issue an appropriate writ(s)/order(s)/direction(s) in the nature of mandamus to direct the Investigating Officer and the other police officials to conduct a proper, fair and impartial investigation, to arrest the accused persons and to complete the investigation, which is pending from a long time arising out of an FIR bearing Darauli P.S. Case No. 44 of 2022 dated 16.02.2022 registered under sections 302, 201, 120(B) of IPC in accordance with law at the earliest.

3. The Superintendent of Police, Siwan has joined virtually and assisted this Court. He submits that an S.I.T. has been constituted and the case is being investigated properly. He also submits that a stay order has been passed in favour of two co-accused Mukesh Sahani and Rajnish Sahani @ Rajnish Kumar.

4. In these circumstances, this application is disposed of with a liberty to the petitioner to approach the Superintendent of Police, Siwan in case of any further grievance. (Sandeep Kumar, J) Shishir/- U