Lakshmi Prasad Nayak v. The State Of Bihar Through The Director General Of Police, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1261 of 2021 Arising Out of PS. Case No.-355 Year-2013 Thana- ARARIA District- Araria ====================================================== Lakshmi Prasad Nayak Son of Late Ramyash Nayak Resident of Village - Adarsh Nagar Ward no.16, P.s. and Distt.- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna. 2.

The Officer in Charge, Araria Police Station Araria. 3.

The Superintendent of Police, Araria, Distt. Araria. 4.

The Deputy Inspector General of Police, Purnia. 5.

The Inspector General of Police, Darbhanga.

6.

The Additional Director General of Police (Weaker Section), Bihar, Patna. 7.

The Director General of Police, Bihar, Patna. 8.

Jabintara Khatoon D/o Ataur Rahman, W/o Manjar Alam @ Bhola, Jabintara Devi @ Tara Devi, W/o Ramprit Rajak (Ex A.S.I. of Police, Araria.) Resident of Village - Nagwara, P.S.- Katra, Distt.- Muzaffarpur at Present Resident of Mohalla Om Nagar, Ward No.8, P.S.- and Distt.- Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv, :

Mr. Binay Kumar Pandey, Adv.

For the Respondent/s :

Mr. Sanjay Kumar, AC to SC-8.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present Cr. Writ Petition has been filed for further investigation of Araria P.S. Case No. 355 of 2013 dated 04.09.2013 as well as the supplementary charge sheet No. 375 of 2019 dated 31.12.2019.

Learned counsel for the petitioner submits that the informant in one case shown herself to be the wife of other

Patna High Court CR. WJC No.1261 of 2021(2) dt.06-04-2023 2/3 person whereas the same informant in the second case shown herself to be the wife of petitioner and charge sheet has come. He further submits that he has ample document, by virtue of which, he can satisfy anyone that the investigation is absolutely defective.

Learned counsel for the State submits that petitioner may be directed to represent himself before the Superintendent of Police, Araria with all documents which he is raising here in the light of order dated 09.09.2022 passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases.

In this view of the matter, petitioner is directed to file representation before Superintendent of Police, Araria with all points raised in the present Cr. Writ Petition with the observation made in the order dated 09.09.2022 in the case of Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous within four weeks' from the date of passing of this order.

The Superintendent of Police, Araria is directed to do the needful so that unnecessary harassment of petitioner may come to an end at his level itself. The said decision shall be taken by the Superintendent of Police, Araria within six weeks'

Patna High Court CR. WJC No.1261 of 2021(2) dt.06-04-2023 3/3 from the date of receiving of representation. In the meantime no coercive steps shall be taken against the present petitioner in connection with Araria P.S. Case No. 355 of 2013.

With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

(Dr. Anshuman, J) ritik/- U