Shyam Sundar Choudhary v. The State Of Bihar Through Superintendent Of Police, Sitamarhi And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.554 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- SITAMARHI ===========================================================
1. Shyam Sundar Choudhary, Son of Late Ram Chandra Choudhary, Resident of Village + Post- Koili, P.S.- Nanpur, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar through Superintendent of Police, Sitamarhi.
2. The Superintendent of Police, Sitamarhi.
3. The Officer-In-Charge, Pupri Police Station, Sitamarhi. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Amish Kumar, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, GA-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL JUDGMENT Date: 05-07-2016 Heard Mr. Amish Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Vinay Kirti Singh, learned Government Advocate No.3, appearing on behalf of the Staterespondents. In view of the fact that on completion of investigation, police, having found, according to the Investigating Officer, no materials against the petitioner, has already submitted a police report in Pupri P.S. Case No.31 of 2016 in terms of Section 173(2)(i) of the Code of Criminal Procedure, this writ petition, made under Articles 226 and 227 of the Constitution of India, is hereby disposed of with a direction to the Chief Judicial Magistrate, Sitamarhi, to hear the
Patna High Court Cr. WJC No.554 of 2016 dt.05-07-2016 2/2 informant on the report, which has been submitted by the police, and, then, pass appropriate order(s) either accepting the report or rejecting the same. The learned Court below shall also remain at liberty to take cognizance of the offence or offences, which may be disclosed by the police report if it is so warranted.
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