Mohammed Naimuddin v. The State Of Bihar Through Its Secretary, Home Department, State Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2152 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Mohammed Naimuddin S/o Late Hausaini Miya, R/o Vill.- Rampurwa, P.O.- Manohar Chhapra, P.S.- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Its Secretary, Home Department, State Of Bihar, Patna and Ors 2.

The District General of Police, Patna.

3.

The Deputy Inspector General of Police Muzaffarpur Division, Muzaffarpur. 4.

The Superintendent of Police, Muzaffarpur.

5.

The Sub- Divisional Police Officer, Muzaffarpur. 6.

The Investigation Officer P.S. Kazi Mohammadpur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, For the Respondent/s :

Mr.Sheo Shankar Prasad Sc-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-01-2023 Heard learned counsel appearing on behalf of the parties.

The present criminal writ petition preferred for proper and fair investigations of the case of Kazi Mohammadpur P.S. Case No. 43 of 2018, registered for offences under Sections 302, 201, 120(B), 498(A) and 34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that the present case was lodged for alleged heinous crime which took place somewhere in the month of February, 2018, in

Patna High Court CR. WJC No.2152 of 2018(4) dt.03-01-2023 2/2 spite of that not a single witness was examined, till date, as per best of his knowledge, clearly indicating thereof that respondents are not fairly investigating the matter, as per the provisions available under the law.

Learned SC-1, while appearing on behalf of the State, submitted that all such issues, now put on rest through Cr. WJC No. 153 of 2017, dated 09.09.2022, where, appropriate guidelines have already been issued by this Court. Accordingly, no need to pass any fresh order. Petitioner is at liberty to take appropriate steps in view of guidelines, as per directios of Cr.WJC No. 153 of 2017 (Supra). Let, this order be communicated immediately to Superintendent of Police, Muzaffarpur, Bihar, to take appropriate steps, as per direction of this Court issued through Cr.WJC No. 153 of 2017, dated 09.09.2022, if any application preferred by this petitioner within four weeks of this order. Accordingly, the present criminal writ petition is disposed of, with aforesaid observation.

(Chandra Shekhar Jha, J) R.S.Sen/- U T