Udyanand Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55353 of 2015 Arising Out of PS. Case No.-155 Year-2014 Thana- SANGRAMPUR District- East Champaran ====================================================== Udyanand Upadhyay, Son of Durgadutt Upadhaya @ Durga Upadhaya, Resident of Village - Upadaya Tola, P.S. - Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhileshwar Kumar Shrivastva, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-11-2020 Heard the counsel for the parties.
This is an application seeking quashing of the First Information Report of Sangrampur P.S. Case No. 155 of 2014, dated 08.10.2014, which has been registered under Sections 406 and 34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
Patna High Court CR. MISC. No.55353 of 2015(3) dt.04-11-2020 2/3 On 08.09.2020, this Court had called for a report from the Court below about the stage of the case, which has since been received.
The report, referred to above, indicates that charge-sheet has been submitted against coaccused/Anil Paswan, but the investigation against the petitioner has been kept pending. The case is awaiting the submission of final form with respect to the petitioner.
Since the case is of the year 2014, all investigation ought to have been completed by now. If the same has not been done, it only depicts a sorry state of affairs.
Let the investigating agency complete the investigation with respect to the petitioner and submit a report before the Court below, preferably within a period of three months.
If the petitioner would feel aggrieved by the report of the police or any order passed by the Court, he could avail the legal remedies to which he is
Patna High Court CR. MISC. No.55353 of 2015(3) dt.04-11-2020 3/3 entitled.
With the aforesaid observation/direction, the application stands disposed off.
(Ashutosh Kumar, J) Praveen-II/- U T