Patna High CourtCR. WJC/122/2014dismissed

Aaditi Kumari v. State Of Bihar Through District Magistrate, Patna And ORS.

2015-01-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.122 of 2014 =========================================================== Aaditi Kumari, younger daughter of Sri Brijnandan Singh, resident of VillageRamkrisn Nagar, renter in the house of Harihar Pandit, Ramkrishna Nagar, P.S.- Beaur, Patna-7, Permanent Address-Village-Umerabad, P.S.-Arwal, District-Arwal. .... .... Petitioner

Versus

1. State of Bihar through District Magistrate, Patna

2. The Director General of Police Bihar, Patna.

3. The Senior Superintendent of Police, Patna.

4. The Superintendent of Police, Patna.

5. Deputy Superintend of Police Patna Sadar.

6. Officer in Charge, Ramkrishna Nagar P.S. Patna.-27 .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Awadh Kishor Singh, Advocate For the Respondent/s : Mr. Binod Ji Verma, GP-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 15-01-2015 The petitioner is informant of Beur P.S. Case No. 102 of 2013 dated 27th April, 2013 registered for the offences punishable under Sections 304B read with 34 as well as 3 and 4 of the Dowry Prohibition Act, 1961.

By filing the present application under Articles 226 and 227 of the Constitution of India, the petitioner seeks a direction

Patna High Court Cr. WJC No.122 of 2014 dt.15-01-2015 2 / 2 to be issued to the investigating agency to inquire into the matter relating to the aforesaid police case.

It would appear from the pleading made in the writ petition that on conclusion of investigation the police have already submitted a final report under Section 173(2) of the Code of Criminal Procedure in the Court. The petitioner has also filed a complaint in the form of protest before the Court of C.J.M. Patna. In my view, the present application is misconceived. The matter is pending before the Magistrate concerned. The police have already concluded investigation and submitted their report. At this stage, no mandamus can be issued to the police to inquire into the matter afresh.

Accordingly, the writ petition is dismissed.

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