Patna High CourtCR. WJC/732/2015disposed

Chandani Devi v. The State Of Bihar Through Director General Of Police, Patna And ORS

2017-03-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.732 of 2015 ====================================================== Chandani Devi, Wife of Sunil Kumar Sah @ Tinku, R/o Mohalla Sadipur, Bari Durga Asthan, P.S. Kotwali, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar through Director General of Police, Patna

2. The Chief Secretary, Govt. of Bihar, Patna

3. The Home Secretary, Govt. of Bihar, Patna

4. The Inspector General of Police, Darbhanga Division, Darbhagna

5. The Deputy Inspector General of Police, Darbhanga Division, Darbhanga

6. The Superintendent of Police, Samastipur

7. The Superintendent of Police, Patna

8. Addl. Superintendent of Police, Samastipur

9. Officer in Charge, Samastipur Rail, P.S. District Samastipur

10. Gyan Prakash Gupta, Son of Kedarnath Gupta, R/o Opposite Konark Cinema Hall, Kasim Bazar, P.S. & District Munger.

11. The Superintendent of Police Rail, Muzaffarpur.

12. The Superintendent of Police Rail, Katihar.

13. The S.H.O., Barauni Rail Police Station, Barani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Rajpati, Adv. Smt. Durga Kumari, Adv.

For the Respondent/s : Mr. Asit Kumar Jha, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2017 This application under Article 226 and 227 of the Constitution of India has been filed for issuance of writ in the nature of mandamus directing the respondents to investigate Rail Samastipur Missing Case No.2 of 2014 dated 19.07.2014 in proper manner and submit investigation report at the earliest. The FIR is related to missing of Sunil Kumar Sah @ Tinku, the husband of the petitioner.

In the earlier counter affidavits, the respondents had

Patna High Court Cr. WJC No.732 of 2015 (5) dt.03-03-2017 blamed to each other on the ground of territorial jurisdiction to institute the FIR. However, the controversy has been settled which is evident from the supplementary counter affidavit filed by the respondent no.12, Superintendent of Police, Rail, Kaithar dated 01.03.2017. Now, FIR i.e. Barauni Rail P.S. Case No.15 of 2017 dated 16.02.2017 has been registered under Sections 363 and 365 of the Indian Penal Code.

The respondents are directed to conclude the investigation within the statutory period with a definite result in such an old case of missing of the husband of the petitioner. With the aforesaid observation, the application stands disposed of.

(Birendra Kumar, J) Arvind/- U