Vijay Kumar Srivastava v. The State Of Bihar Through Director General Of Police Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29840 of 2015 Arising Out of PS. Case No.-749 Year-2015 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Vijay Kumar Srivastava, son of late Sahdeo Prasad, permanent resident of village- Nagdahan, P.S.- Malahi, District- East Champaran, presently residing at Mohalla- Baluatal, P.S.- Motihari Town, District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar through Director General of Police Bihar, Patna

2. The Superintendent of Police, Motihari, District- East Champaran.

3. The Dy. S.P., East Champaran.

4. The S.H.O., Motihari Town Police Station, District- East Champaran. ........ Opposite Parties 1st Set.

5. Nawal Kishore Singh, son of late Feku Singh, resident of village- Saraiya, P.S.- Kotwa, District- East Champaran.

... ... Opposite Party 2nd set.

====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Giri, APP For the Opposite Party/s :

Dr. Rabindra Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-04-2018 This petition has been filed for quashing of the FIR vide Motihari Town P.S. case no. 749 of 2014.

Learned counsel for the petitioner has submitted that he is not named in the written report. Name of the petitioner was ordered to be added as per supervision note of the police. A report was called for from the Court below which has been received from which it appears that case is still pending for investigation before the police.

Learned counsel for the petitioner submits that there is no any specific allegation against this petitioner in the written report . Therefore, this petition is disposed of with a direction

Patna High Court Cr.Misc. No.29840 of 2015(6) dt.30-04-2018 2/2 to the police to complete the investigation within a period of three months from the date of receipt/production of copy of this order and submit a report under Section 173 Cr. P.C. The District and Sessions Judge, Motihari will communicate this order to the Superintendent of Police concerned for compliance of the aforesaid order. The police will make proper investigation in the case in accordance with law.

The petitioner is given liberty to raise all the points as raised in this petition before the Investigating Officer during the investigation which will be considered by the Investigating Officer in accordance with law.

(Sanjay Priya, J) shyambihari/- U T