Kishori Sahni v. The State Of Bihar, Through Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.743 of 2016 Arising Out of PS.Case No. -186 Year- 2010 Thana -Minapur District- MUZAFFARPUR =========================================================== Kishori Sahni son of Kailash Sahni, resident of village- Rajwara Dih, Mushahari, District- Muzaffarur.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through Director General of Police, Bihar, Patna.

2. Superintendent of Police, Muzaffarpur.

3. Deputy Superintendent of Police, Muzaffarpur East, District- Muzaffarpur.

4. Officer-in-Charge, Minapur P.S., District- Muzaffarpur.

5. Binoy Sahni S/o. Sheojee Sahni,

6. Sheojee Sahni S/o. Mahendra Sahni,

7. Methuni Devi W/o. Sheojee Sahni.

8. Shakindra Sahni S/o. of Mahendra Sahni,

9. Malti Devi W/o. Shakindra Sahni,

10. Rajendra Sahni S/o. Chhathu Sahni, Respondent Nos.5 to 10 residents of village Madhuban Kanti P.O. Jamin, Mathia P.S. Minapur, District- Muzaffarpur.

11. Lal Bachan Sahni, S/o. Parmeshwar Sahni, resident of Village- Bara Bharthi P.S.Minapur, District- Muzaffarpur.

12. Sanjay Sahni S/o. Sheojee Sahni, resident of village Madhuban, Jamin Mathia, P.S. Minapur, District- Muzaffarpur.

... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Kinkar Kumar, SC-9 Mr. Yogesh Kumar, AC to SC-9 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 29-08-2016 Heard Mr. Arun Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Kinkar Kumar, learned Standing Counsel No.9, appearing on behalf of the State-respondents. The petitioner lodged a complaint, in the Court of Chief Judicial Magistrate, Muzaffarpur, alleging, inter alia, that her daughter had been killed under suspicious circumstances by her husband. Based on the complaint so made, which was sent to the Superintendent of Police, Muzaffarpur, under Section 156(3) of the

Patna High Court Cr. WJC No.743 of 2016 dt.29-08-2016 2/2 Code of Criminal Procedure, Minapur Police Station Case No.186 of 2010 came to be registered.

However, on investigation, the police, having not found necessary materials against the accused persons, filed a police report, under Section 173(2)(iii) of the Code of Criminal Procedure, exonerating the accused, i.e., husband of the deceased. The remedy for the petitioner, therefore, lies, now, either in applying to the Chief Judicial Magistrate, Muzaffarpur, where final report has been submitted, to direct further investigation into the case or take cognizance of the offences, which may be disclosed by the materials on record and do the needful in accordance with law.

Situated thus, the present petition is not sustainable and is, therefore, as sought for on behalf of the petitioner, disposed of in the light of the above observations and directions. I leave the petitioner at liberty to pursue, in future, remedy in accordance with appropriate provisions of law, as may be permissible, if the situation so warrants.

(I. A. Ansari, CJ) Mkr./- AFR/NAFR NAFR CAV DATE Uploading Date 01.09.2016 Transmission Date 01.09.2016