Sushil Kumar Choudhary v. The State Of Bihar Through Superintendent Of Police, Sitamarhi And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1337 of 2015 ====================================================== Sushil Kumar Choudhary S/o Late Kishori Choudhary Resident of Rajbagh, Ward No. 9, P.S. - Pupri, District - Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar Through Superintendent of Police, Sitamarhi

2. The Inspector General of Police, Muzaffarpur Range, Muzaffarpur

3. The Deputy Inspector General of Police, Tirhut Range, Muzaffarpur

4. The Superintendent of Police, Sitamarhi

5. Mr. Pankaj Sinha, The then Superintendent of Police, Sitamarhi, at present posted as Superintendent of Police Naugachia

6. Md. Shafihul Haque, the then S.D.P.O. Pupri, Present posted as the Commandant, B.M.P. 11, Jamui

7. The Deputy Superintendent of Police, Sitamarhi

8. The Officer-in-Charge, Pupri Police Station Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar For the Respondent/s : Mr. Binod Ji Verma (Gp 17) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 4.

10-08-2018 It appears that when the writ application was preferred in the year 2015, the petitioner was looking for a direction to the respondents to consider certain representations submitted by the petitioner, however during pendency of the writ application admittedly police has conducted investigation in the cases pointed out in the writ application and upon completion of investigation chargesheets have been filed, whereupon in one of the cases, as informed by learned counsel for the petitioner, even trial has begun. This being the position.

Learned counsel for the petitioner submits that

Patna High Court Cr. WJC No.1337 of 2015 (4) dt.10-08-2018 even though prima facie the writ application seems to have become infructuous, but at the same time, the petitioner may be given liberty, while disposing of this writ application, to pursue his remedy in the court below under the Code of Criminal Procedure, in case he is not satisfying with the kind of investigation and the charge-sheet submitted by the police.

This writ application is being disposed of with the liberty aforesaid.

(Rajeev Ranjan Prasad, J) Rajeev/- U T