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Patna High CourtMJC/2590/2023disposed

Manju Devi v. The State Of Bihar

2024-09-13Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2590 of 2023 In Criminal Writ Jurisdiction Case No.2 of 2023 ====================================================== Manju Devi Wife of Rajendra Paswan, resident of Village-Prabodhi, Ward No.-2, P.S.-Sarai, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mr. Rajwinder Singh Bhatti, son of not known to the petitioner, the Director General of Police, Bihar, Patna.

3.

Ravi Ranjan, son of not known to the petitioner, the Superintendent of Police, Vaishali.

4.

Vidur Kumar, son of not known to the petitioner, the Officer-in-Charge of Sarai Police Station, Vaishali.

5.

Vidur Kumar, son of not known to the petitioner, the SHO-cum investigating officer of Sarai P.s. Case No. 255/22.

6.

Kunal Paswan, son of Kantlal Paswan, resident of Village-Chakraushan Prabodhi, P.S.-Sarai, District-Vaishali.

7.

Akash Kumar, son of Nandlal Paswan, resident of Village-Chakraushan Prabodhi, P.S.-Sarai, District-Vaishali.

8.

Kundan Kumar, son of Kantlal Paswan, resident of Village-Chakraushan Prabodhi, P.S.-Sarai, District-Vaishali.

9.

Kantlal Paswan, son of Late Devnandan Paswan, resident of VillageChakraushan Prabodhi, P.S.-Sarai, District-Vaishali. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv For the Opposite Party/s :

Mr.Manish Kumar (GP 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present writ application has been filed for

Patna High Court MJC No.2590 of 2023(4) dt.13-09-2024 2/3 issuing contempt proceeding against the respondent authority for willfully disobeying the Hon'ble Court's order dated 10.04.2023 passed in Cr.W.J.C. No.02 of 2023.

2. Learned Counsel for the petitioner submits that in the aforesaid order a direction was given to the Superintendent of Police, Vaishali to take necessary steps for completion of fair investigating in Sarai P.S. Case No. 255 of 2022 at the earliest. He further submits that in this regard petitioner has filed representation before the Superintendent of Police, Vaishali on 18.04.2023 but till now his grievances has not been redressed fully.

3. In response thereof, Learned Counsel for the State submits that in compliance of the Hon'ble Court's order dated 10.04.2023 passed in Cr. WJC No. 02 of 2023 a show-cause has been filed by the Superintendent of Police, Vaishali in which it transpires that investigation has been completed and final form has been submitted which is annexed as Annexure O.P-3/1.

4. In this view of the matter, if petitioner is still aggrieved by the final form then he shall be at liberty to challenge the said final form before the appropriate forum

Patna High Court MJC No.2590 of 2023(4) dt.13-09-2024 3/3 as this case is not of contempt, due to the reason that investigation has been concluded by the Superintendent of Police, Vaishali and final form has already been submitted.

5. Accordingly, the present M.J.C is disposed off granting liberty to the petitioner to assail remedy, in accordance with law.

(Dr. Anshuman, J) Sunnykr/- U