Edward David Natal v. The State Of Bihar Through Principal Secretary, Home Department, Government, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1616 of 2024 Arising Out of PS. Case No.-457 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Edward David Natal S/o Late David Joseph Natal Permanent R/o Mohalla - Christian Quarter, ward no. 7, P.O. and P.S. - Bettiah, Distt. - West Champaran, Bihar, Presently residing at 23 A.K. Md. Siddique Lane Kolkata 16, P.O. and P.S - Park Street, W.B ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Home Department, Government, Patna Bihar 2.

The Director General of Police, Government of Bihar, Patna Bihar 3.

The Inspector General of Police Government of Bihar at Patna Bihar 4.

The District Magistrate, at Bettiah Bihar 5.

The Superintendent of Police at Bettiah Bihar 6.

The Station House Officer, P.S. - Nagar (Town) Bettiah Bihar 7.

The Station House Officer, P.S. - Kalibagh (O.P.), Naka 3, Bettiah Bihar 8.

Bansidhar Dubey S/o Late Baijnath Dubey R/o vill - Baikunthwa, P.O. - Kujlahi, P.S. - Nutan, Distt.- West Champaran 9.

Sangeet Kumar Dubey S/o Bansidhar Dubey R/o vill - Baikunthwa, P.O. - Kujlahi, P.S. - Nutan, Distt. - West Chamaparan 10.

Vinit Kumar Keshan S/o Shrawan Kumar Keshan R/o Kamal Nath Nagar, ward no. 22, Bettiah, P.S. - Nagar (Town), Bettiah, West Champaran, Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Md. Azimuddin, Advocate Mr. Sunil Kumar Singh, Advocate For the Respondent/s :

Mr. N. Vilochan Tiwary, AC to GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 27-02-2025 On the basis of an FIR submitted by the petitioner, Kalibagh (O.P.) P.S. Case No. 457 of 2023 was registered and forwarded to the SHO, Town P.S. Bettiah dated 13th June 2023 under Section 387/420/447/467/506 of the IPC. It is alleged by the petitioner that after registration of the said case, the

Patna High Court CR. WJC No.1616 of 2024(2) dt.27-02-2025 2/2 investigating officer has failed and neglected to proceed with the investigation properly. As a result of improper investigation, no evidence was collected by the investigating officer and no action has been taken against the private respondents.

2. It is needless to say that the investigation is entirely within the jurisdiction of the police authority and the Court cannot direct in which way or manner the investigation should be proceeded with. It is for the investigating officer to decide how he would collect evidence in order to prove the prima facie allegation against the private respondents.

3. However, the petitioner has approached this Court for a direction upon the investigating officer for proper investigation. The instant writ petition is disposed of, directing the investigating officer to carry on the investigation properly and to come to its logical conclusion within six months from the date of communication of this order.

(Bibek Chaudhuri, J) Suraj Dubey/- U T