Patna High CourtCR. WJC/141/2015dismissed

Kailash Prasad Roy v. The State Of Bihar Through The Director General Of Police, Patna And ORS

2015-08-25Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.141 of 2015 ======================================================

1. Kailash Prasad Roy Son of Late Saudagar Roy Resident of Village - Galimpur, P.O. - Baidachak, P.S. - Amarpur, District - Banka. .... .... Petitioner/s

Versus

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

2. The Inspector General of Police, Bhagalpur Region, Bhagalpur.

3. The Superintendent of Police, Banka.

4. The Deputy Superintendent of Police, Banka.

5. The Officer in Charge, Amarpur Police Station, District Banka. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Respondent/s : Mr. Sc33-Ritesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-08-2015 By way of filing the present writ petition under Articles 226 and 227 of the Constitution of India the petitioner seeks a direction to be issued to the respondents to take up further investigation in relation to Amarpur P.S. Case No. 201 of 2014 dated 11.07.2014 under section 173(8) of the Code of Criminal Procedure so that his innocent son may not be punished for the offences registered under sections 452, 326, 307 of the Indian penal Code and section 12 of the Prevention of Child From Sexual Offences Act.

In my view the application is thoroughly misconceived. First of all, the petitioner has got no locus standi in the matter. He is neither informant nor an accused in the case.

Patna High Court Cr. WJC No.141 of 2015 (2) dt.25-08-2015 2/2 Secondly, on the facts and in the circumstances of the case, no case is made out for issuance of any direction to police for further investigation in terms of section 173(8) of the Code of Criminal Procedure. Accordingly, the application being devoid of any merit is hereby dismissed.

(Ashwani Kumar Singh, J) M.Rahman/- U T