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Patna High CourtCR. WJC/1003/2022disposed

Binda Kumar Singh v. The State Of Bihar Through The Director General Of Police, Bihar At Patna.

2022-11-09Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1003 of 2022 Arising Out of PS. Case No.-281 Year-2021 Thana- RAMPUR District- Gaya ====================================================== BINDA KUMAR SINGH, Son of Late Dinanath Singh, Resident of Village - Laxmi Nagar, P.s.- Rampur, Distt.- Gaya.

... ... Petitioner

Versus

1.

The State of Bihar through the Director General of Police, Bihar at Patna. Bihar 2.

D.I.G., Magadh Range, Gaya. Bihar 3.

Senior Superintendent of Police, Gaya, Distt. Gaya. Bihar 4.

Dy. Superintendent of Police, Gaya, Distt.- Gaya. Bihar 5.

Officer in Charge, Manpur, P.S.- Manpur, Distt.- Gaya. Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh, Advocate For the Respondent/s :

Mr.Deepak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2022 Learned counsel for the petitioner is permitted to make correction as regards the name of the police station. He will also remove all other defects within four weeks from today. Heard Mr. Binod Kumar Singh, learned counsel for the petitioner and Mr. Deepak Kumar, learned AC to GP-4 for the State.

This writ application has been filed seeking a direction to the respondent authorities to conduct proper investigation of Rampur P.S. Case No. 281 of 2021 registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code.

Patna High Court CR. WJC No.1003 of 2022(2) dt.09-11-2022 2/3 Learned counsel for the petitioner submits that the petitioner is the father-in-law of the deceased and he has been seeking investigation of the case from the given angle which he has earlier represented before the Officer-in-charge of Rampur Police Station with a copy to other senior police officers. It is his submission that even though the petitioner had brought to the notice of the Investigating Agency certain materials to be looked into but in course of investigation those materials have not been taken care of.

Mr. Deepak Kumar, learned AC to GP-4 submits that in this case the investigation is complete and a chargesheet has been filed against the petitioner, his wife and son. All other accused persons have not been sent up for trial. Having regard to the facts and circumstances of the case and taking note of the submission made on behalf of the petitioner, this Court is of the considered opinion that after completion of investigation if the petitioner is looking for further investigation, he may, if so advised, avail his remedy under Section 173(8) Cr.P.C. in the learned court below. If any such application is filed within a period of 30 days from today, the learned court below shall consider the same and pass an appropriate order thereon.

Patna High Court CR. WJC No.1003 of 2022(2) dt.09-11-2022 3/3 This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) tusharika/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.