Atma Ram v. The State Of Bihar Through The Director Of Police, Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1429 of 2023 Arising Out of PS. Case No.-354 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Atma Ram Son Of Bhagvat Singh Resident Of Village - Dayalpur Ghana, P.S. - Gahamar, District - Ghazipur (U.P.) ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Director Of Police, Bihar Patna Patna 2.

The Deputy Inspector General Of Police, Patna Zone, Patna Patna 3.

The Superintendent Of Police, Kaimur (BHABHUA) Kaimur 4.

The Deputy Superintendent Of Police, Kaimur (BHABHUA) Kaimur 5.

The Station House Officer, P.S. - Kudra, Kaimur (BHABHUA) Kaimur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramanuj Tiwary, Advocate For the Respondent/s :

Mr. Deepak Kumar, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and the State.

2. It appears on perusal of the records that the First Information Report lodged by the driver of the petitioner giving rise to Kudra P.S. Case No.354 of 2022 under Section 379/34 I.P.C. has already been investigated and a final form has been submitted vide Final Form No.133/23 dated 06.06.2023. The investigating agency has reported that the occurrence is true but there is no clue and in case of receipt of any material in future, further investigation shall be done under Section 173(8) Cr.P.C.

3. Learned counsel for the petitioner is not aware as to whether the final form has already been accepted by the learned

Patna High Court CR. WJC No.1429 of 2023(2) dt.23-01-2024 2/2 court below or not.

4. This Court is of the considered opinion that in case the petitioner is in possession of any information or material to satisfy the investigating agency to proceed with further investigation of the case, he may bring it to the notice of the concerned I.O. At the same time, in case the final form has yet not been accepted and the proceeding is pending in the court of learned Magistrate, the petitioner may file an application in the court of learned Magistrate seeking further investigation of the case and for this purpose he may produce all such materials which are in his possession. On being satisfied with the materials which may be produced by the petitioner, the I.O. or the court, as the case may be, shall take appropriate steps and pass an order in accordance with law.

5. This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) arvind/- U T