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Patna High CourtCR. WJC/1078/2022disposed

Ram Nath Ray v. The State Of Bihar, Through The Director General Of Police, Govt. Of Bihar, Patna.

2022-12-20Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1078 of 2022 Arising Out of PS. Case No.-193 Year-2020 Thana- DORIGANJ District- Saran ====================================================== Ram Nath Ray, Son of Kitab Ray, Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

... ... Petitioner/s

Versus

1.

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

2.

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

The Inspector General of POlice, Saran Range, Chapra. 4.

The Deputy Inspector General of Police, Saran Range, Chapra. Bihar. 5.

The Superintendent of Police, Saran at Chapra. Bihar 6.

The Deputy Superintendent of Police, Saran at Chapra. Bihar 7.

The officer - in- charge, Police Station Doriganj, District - Saran at Chapra. Bihar 8.

Mahabir Ray Son of Late Ram Baran Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra. 9.

Shri Ray Son of Late Ram Baran Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra. 10.

Ganesh Ray Son of Late Ram Baran Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra. 11.

Pawan Kumar Son of Late Ram Baran Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra. 12.

Aditya Ray Son of Hakim Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

13.

Deepak Kumar Son of Daroga Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

14.

Binod Ray Son of Late Sadhu Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

15.

Udit Ray Son of Hakim Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

16.

Satyendra Pandey Son of Late Rameshwar Adhar Pandey Resident of Village - Pachrukhiya, P.S. - Koelwar, District - Bhojpur at Ara. 17.

Hakim Ray Son of Late Sadhu Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

18.

Pramod Ray Son of Late Sadhu Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

19.

Daroga Ray Son of Late Sadhu Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra.

20.

Laxman Ray Son of Dhup Nath Ray Resident of Village - Raypur

Patna High Court CR. WJC No.1078 of 2022(4) dt.20-12-2022 2/3 Bindgama, P.S.- Doriganj, District - Saran at Chapra. 21.

Pintu Kumar Son of Late Sadhu Ray Resident of Village - Raypur Bindgama, P.S.- Doriganj, District - Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.Anil Kumar, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2022 No one appears for the petitioner. Mr. Anil Kumar, learned AC to SC-8 appears for the State.

This writ application has been filed seeking proper investigation of the case and submission of police report in Doriganj P.S. Case No.193/2020 for the offences alleged under Sections 341, 323, 324, 302, 147, 148 and 149 of the Indian Penal Code.

Learned counsel for the State has informed this Court that in this case police has already submitted two charge-sheets, the first was charge-sheet no.28 of 2021 whereas the second charge-sheet is charge-sheet no.116 of 2021. The investigation was kept pending against some of the accused persons. In paragraph '8' of the counter affidavit, it is stated that the S.D.P.O., Sadar has vide memo no.5996 dated 30.11.2022 issued certain directions to the investigating officer and a statement has been made that after collecting the materials, charge-sheet/final form will be submitted in accordance with law.

Patna High Court CR. WJC No.1078 of 2022(4) dt.20-12-2022 3/3 This Court finds from the statements in the counter affidavit that the respondents are unable to explain as to why the investigation as against other accused persons has been kept pending for more than two years. The supervision of the case has been done on 30.11.2022 only after this Court passed the order dated 10.11.2022. There is no statement at all in the counter affidavit that there was any impediment in conduct of the investigation.

This being the position, this Court directs the Superintendent of Police, Saran at Chapra (respondent no.5) and the officer in-charge of Doriganj Police Station (respondent no.7) to ensure early conclusion of investigation on all the points and submission of a police report in accordance with law in the learned court below within a reasonable time. The supervising authority must keep on supervising the case for proper compliances by the I.O.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T