Vishal Singh Rathor @ Rinku @ Kumar Vishal @ Vishal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53692 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Vishal Singh Rathor @ Rinku @ Kumar Vishal @ Vishal Singh Son Of Pratap Narayan Singh Resident Of Mohalla-Kashi Bazar, P.S.-Bhagwan Bazar, District-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava Mr. Pramod Kumar Pandey Mr. Subodh Kumar Barnwal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2024 This is an application for quashing of the order dated 22.06.2023 passed by the learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 131 of 2023 by which the court below has directed the office clerk to issue a letter to the investigating officer of the case to physically present in the court along with the charge sheet within 7 days.
2. It has been submitted by the learned counsel for the petitioner that only one witness has been examined by the I.O. and thereafter the charge-sheet has been submitted. The I.O. hurried with the investigation only because the order dated 22.06.2023 was passed by the Additional Chief Judicial
Patna High Court CR. MISC. No.53692 of 2023(2) dt.01-08-2024 2/2 Magistrate-I, Saran at Chapra for filing the charge-sheet. 3.This kind of order cannot be sustained and in these circumstances, the impugned order dated 22.06.2023 and the subsequent order dated 04.07.2023 passed by the learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 131 of 2023 are hereby quashed.
4. The Station House Officer of Bhagwan Bazar Police Station is directed to file the charge-sheet/ final form after concluding the investigating at the earliest.
5. The impugned order dated 22.06.2023 is clarified to the extent as indicated above.
6. This application stands allowed with a direction to the I.O. of the case to complete the investigation properly and, thereafter, submit a charge-sheet/ final form in accordance with law expeditiously.
(Sandeep Kumar, J) Shishir/- U T