Anwar Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.937 of 2015 Arising Out of PS.Case No. - null Year- null Thana -null District- GAYA =========================================================== Anwar Hussain Son of late Md. Farid, resident of Village- Davrampur, P.S. Sherghati, District Gaya.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Deputy Inspector General of Police, Gaya.

3. The Superintendent of Police, Gaya.

4. The Sub Divisional Police officer, Sherghati, Gaya.

5. The Incharge of Sherghati Police Station, Sherghati, Gaya.

6. The Investigating Officer, Sherghati Police Station, Gaya. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Rakesh Kumar Ranjan, AC to G.A.-15 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 26-07-2016 By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner seeks a direction to be issued to respondent-authorities to properly investigate Sherghati P. S. Case No. 183 of 2014 dated 03.07.2014 registered under Section 376 of the Indian Penal Code. 2.

A counter affidavit has been filed on behalf of the State in which it has been stated in detail about the ongoing investigation of the case.

Patna High Court Cr. WJC No.937 of 2015 dt.26-07-2016 2/2 3.

It has been submitted by the learned counsel for the State that accused Wajdakhatoon, Md. Naseer and Md. Anwar Hussain have either surrendered or were arrested by the police and they had been granted bail by the court. The remaining accused persons are absconding and the investigating agency is taking effective steps in order to arrest them. It has also been submitted that the investigating agency is properly investigating the case and appropriate steps are being taken.

4.

Regard being had to the averments made in the counter-affidavit and the submissions advanced at the Bar, since the investigation in a police case is going on, I refrain myself from issuing any direction to the respondents. Accordingly, the application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- U T