Arvind Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1258 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Arvind Kumar Jha Son of Late Indiwar Jha Resident of Village - Dih Toala Pandaul, P.S.- Pandaul, Distt.- Madhubani.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Superintendent of Police, Madhubani 3.

Station Head Officer of the Pandaul P.S., Pandaul, Madhubani. 4.

Investigating Officer, Pandaul P.S., Pandaul, Madhubani. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidya Nath Thakur, Advocate For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and Mr. Suman Kumar Jha, learned AC to AAG-3 for the State. Petitioner in the present case is seeking a direction to the investigating officer of Pandaul P.S. Case No. 68 of 2021 to commence investigation of the case and submit a police report within a reasonable time.

Learned counsel for the petitioner submits that the petitioner has lodged Pandaul P.S. Case No. 68 of 2021 for the offences alleged under Sections 147, 149, 341, 323, 379, 504, 506, 120B, 498 and 385 IPC.

It is further stated that for the same offence, the Circle Officer, Pandaul has lodged Pandaul P.S. Case No. 69 of 2021 under Sections 147, 148, 149, 341, 323, 353, 504, 506, 120B, 332

Patna High Court CR. WJC No.1258 of 2022(2) dt.24-11-2022 2/2 and 333 of the Indian Penal Code.

The grievance of the petitioner is that the investigating officer has not yet started the investigation of the cases and no progress has been made in the aforesaid two cases. There is a specific statement that even the restatement of the informant has not been recorded and no witness has been examined. Learned counsel for the State though prays for time to seek instruction, in the given facts and circumstances of the case, this Court deems it just and proper to dispose of the writ application with a direction to the Superintendent of Police, Madhubani (Respondent No. 2) to look into the grievance of the petitioner, examine the same and in case, it is found that the investigation of the cases have not progressed and the I.O. has remained sitting over the matter, he will take appropriate measures not only to change the I.O.

and expedite the investigation but also to proceed in the administrative side for the inaction. In any case, the investigation must be concluded within a reasonable period and a police report upon completion of investigation be submitted in the learned court below. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.