Ajay Kumar v. The State Of Bihar Through Director General Of Police Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1080 of 2013 ======================================================

1. Ajay Kumar (Director) Son Of Rabindra Kumar Jha Super Mounsent Hybrid Agro Seeds Private Ltd. Resident Of Mohalla Mathurapur P.S. Warisnagar District Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar Through Director General Of Police Bihar, Patna

2. The Superintendent Of Police Samastipur

3. The Officer In-Charge Warisnagar P.S. Warisnagar District Samastipur

4. The Investigating Officer P.S. Warisnagar District Samastipur

5. The Properitor Dinajpur Beej Bhandar Dohoni More Raiganj Uttar P.S. Dinajpur West Bengal

6. The Properitor Shree Niwasa Agencies Pedakakani P.S. Pedakakani District Guntur (Andhra Pradesh) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhavesh Kumar For the Respondent/s : Mr. Girija Shankar Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is the informant of Warisnagar (Mathurapur) P.S.Case No. 154 of 2013 registered for the offences punishable under sections 420, 468 and 471 of the Indian Penal Code.

In the instant writ petition filed under Articles 226 and 227 of the Constitution of India, a prayer has been made to direct respondent nos.2 to 4 to conclude the investigation of the aforesaid case at the earliest and, in the alternative, if they are not found capable in concluding the investigation and producing the culprits before the court of law, then a direction be issued for

Patna High Court Cr. WJC No.1080 of 2013 (3) dt.07-01-2015 2/2 handing over the investigation of the case to another agency like CBI.

Initially a complaint case was filed by the petitioner in the court of learned Chief Judicial Magistrate, Samastipur. Learned Chief Judicial Magistrate, Samastipur referred the said complaint to the police under section 156(3) of the Code of Criminal procedure for investigation, pursuant to which the F.I.R. has been instituted.

I have looked into the allegations made in the F.I.R. I do not find the present case to be of national or international ramification. There is nothing extra ordinary about the present case for which a direction is needed to be issued by this Court. The informant of the case has no right to choose the investigating agency of his choice for the purpose of investigation of a case brought at his instance. It is well settled that at the stage of investigation the Court has no role to play.

I find no merit in the present writ petition. Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U