Patna High CourtCR. WJC/1098/2015disposed

Manisha Kumari v. The Union Of India Through The Chairman Railway Board, Delhi And ORS

2017-10-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1098 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SAMASTIPUR =========================================================== Manisha Kumari, D/o Late Banarashi Paswan, R/o Railways Quarter No. 458 (J), Railways Medical Colony Road No. 5, Samastipur, P.S. Samastipur, Dist Samastipur .... .... Petitioner

Versus

1. The Union of India through the Chairman Railway Board, Delhi

2. The D.R.M. Samastipur Railway Division, Samastipur

3. The General Manager, (Mechanical) East Central Railway, Hazipur

4. The Chief Engineer (Bridge) East Central Railways, Hazipur

5. The State of Bihar through the Director General of Police, Bihar

6. The District Magistrate, Samastipur

7. The Superintendent of Police, Samastipur

8. The Sub Divisional Police Officer, Dalsingsarai, Samastipur

9. The Officer in Charge of the SC/ST Police Station, Samastipur cum I.O. of the case bearing No. 52 of 2014 .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Subhash Pandey, Advocate For the Respondents : Mr. Sunil Kumar, A.C. to G.P. 11 =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 13-10-2017 Heard learned counsel for the parties.

The present writ application has been filed for direction to the respondent-authorities for fair investigation of Samastipur SC/ST P.S. Case No. 52 of 2014 wherein allegation is that the colleague employee of the petitioner attempted to commit rape against her.

Learned counsel for the State-respondents submits that the investigation of the case is already complete. The allegation was found untrue during investigation and, accordingly, report under Section 173 Cr.P.C. submitted. Thereafter, the petitioner again moved

Patna High Court Cr. WJC No.1098 of 2015 dt.13-10-2017 2 /2 before the senior police officials with the same complaint which was again inquired by the police officers and found untrue. Considering the aforesaid assertion of the Staterespondents, in my view, no further persuasion is required in this writ application, save and except, liberty to the petitioner to file protest petition, if so advised, in the same case and proceed according to law. With the aforesaid observation, this writ application stands disposed off.

(Birendra Kumar, J) Kundan/- AFR/NAFR A.A.

CAV DATE N.A.

Uploading Date 16.10.2017 Transmission Date 16.10.2017