Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19167 of 2018 ====================================================== Rajesh Kumar son of Shri Bhupesh Gupta @ Bhup Narayan Sahu, Resident of 'Gharonda', House No. 2A, Road NO. 2, G.D. Mishra Path, Behind C.I.S.F., P.O. and P.S.- Patliputra, Patna- 800013. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director General of Police, Bihar, Old Secretariat, Patna- 800015. 3.

The Additional Director General of Police, Economic Offences Unit, Shri Krishna Singh Path, Patna4.

Sri Jitendra Singh Gangwar, father's name not known, Additional Director General of Police, Economic Offences Unit, Shri Krishna Singh Path, Patna800001. 5.

The Deputy Inspector General of Police, Economic Offences Unit, Shri Krishna Singh Path, Patna- 800 6.

The Superintendent of Police, Economic Offences Unit, Shri Krishna Singh Path, Patna- 800001.

7.

The Station House Officer, Economic Offences Unit Police Station, Shri Krishna Singh Path, Patna- 8 8.

Shri Shabhan Habib Fakri, father's name not known, Deputy Superintendent of Police, Economic Offences Unit, Shri Krishna Singh Path, Patna- 800001. 9.

Shri Anup Kumar, father's name not known, Sub-Divisional Police Officer, Aurangabad- 824101.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Respondent/s :

Mr.Anil Kumar Sinha -Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 This petition filed on 20.09.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Patna High Court CWJC No.19167 of 2018(2) dt.06-01-2020 2/3 Petitioner has prayed for the following relief: "For issuance of a writ of mandamus or any other appropriate writ/order/direction commanding the respondents to complete the investigation of Gandhi Maidan P.S.Case No. 96 of 2012 G.R.No. 1594 of 2012 registered on 06.04.2012 under Sections 34,120B, 420,467,468 and 471 of the Indian Penal Code, 1860 involving devournment of Rs. 1,30,53,175/-(one crore thirty lakhs fifty three thousand one hundred and seventy five) of excise duty with the collusion of officers and employees of Department of Prohibition, Excise and Registration. The aid case is presently pending in the court of Smt. Kumari Vijya, ACJM-cum-Sub Judge-X, Patna."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available

Patna High Court CWJC No.19167 of 2018(2) dt.06-01-2020 3/3 in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) sujit/- U