Prabhu Nandan Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.67 of 2015 Arising Out of PS.Case No. -429 Year- 2013 Thana -Muffasil District- BEGUSARAI ===========================================================

1. Prabhu Nandan Kunwar S/o Late Ramdeo Kunwear R/o Village Basudeopur, P.S. Begusarai Muffasil, District Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director General of Police, Govt. of Bihar, Patna.

3. The D.I.G. of Police, Munger Region, Munger.

4. The Superintendent of Police, Begusarai.

5. The Officer-in-Charge, Begusarai Muffasil, Police Station Begusarai.

6. The Investigating Officer of the Begusarai Muffasil, P.S. Case No. 429 of 2013. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Subhash Pandey, Adv. For the Respondent/s : Mr. Prabhat Kumar Singh, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 11-08-2015 The present application under Articles 226 and 227 of the Constitution of India has been filed seeking a direction to be issued to the respondents to complete the investigation in Begusarai Muffasil P.S.Case No.429 of 2013 registered under sections 147, 148, 149, 341, 323, 324 and 307 read with 34 of the Indian Penal Code It is stated by learned counsel for the State that after institution of the FIR the Police swung into action and all efforts were made to arrest the accused persons involved in the case. During investigation, it was found that one Bittu Kunwar is not involved in any case. However, due to pressure created by the police, two

Patna High Court Cr. WJC No.67 of 2015 dt.11-08-2015 2/2 accused persons, namely, Sanjay Kunwar and Rajbali Kunwar have surrendered before the Magistrate concerned and charge sheet has been submitted against them and further investigation is going on against rest of the accused, namely, Ranjit Kunwar, Ritu Raj Kunwar and Ramanand Kunwar. He further states that the investigating agency is taking steps for seeking processes and order of attachment against the remaining accused.

Regard being had to the facts and circumstances of the case, I am of the opinion that the investigating agency is conducting the investigation of the case in a proper manner. Even otherwise, investigation of a criminal case is the exclusive domain of the police and at this stage the Court has no role to play. In that view of the matter, I find no merit in the application. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J) Pradeep/- U T