Keshwar Kumar Sinha v. The State Of Bihar Through Superintendent Of Police, Bhojpur And ORS

Patna High Court Cr. WJC No.969 of 2014 (3) dt.07-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.969 of 2014 ====================================================== Keshwar Kumar Sinha Son of Sri Dev Narayan Lal, R/o Mohalla Sital Tola, P.S. Ara Nagar, District Bhojpur .... .... Petitioner

Versus

1. The State of Bihar through Superintendent of Police, Bhojpur

2. The Officer in Charge, Ara Nawada Police Station, Bhojpur Ara

3. The Investigating Officer, Ara, Nawada Police Station Bhojpur ara

4. Rani Srivastava, wife of Niranjan Prasad, R/o Maulwar, P.S. Ara Nawada, District Bhojpur

5. Niranjan Prasad, son of Late Yadunandan Prasad R/o Maulwar, P.S. Ara Nawada, District Bhojpur

6. The Director Forensic Science Laboratory Patna, Bihar.

7. The D.G.P., Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Pathak, Advocate. For the Respondent/s : Mr. Ajay Bihari Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present petition has been filed with a prayer for directing the Respondent- Investigating Officer of Ara Nawada P.S. Case No. 168/06 for proper investigation and especially in the matter for verification of the petitioner's signature along with that of the informant's wife from the Forensic Science Laboratory Patna.

3. Learned counsel for the petitioner submits that an application being filed before the learned trial Court, an order was

Patna High Court Cr. WJC No.969 of 2014 (3) dt.07-04-2015 passed on 7.3.2009 for forwarding the petitioner's application to the concerned Police Station. Despite such order being passed, the petitioner's signature had not been obtained for proper verification which has necessitated a further application dated 07.04.2009 to be filed before the learned Chief Judicial Magistrate, Bhojpur, Ara.

4. A counter affidavit has been filed inter alia to the effect that a copy of the petitioner's application said to have been filed before the learned trial Court was however not available in the police station.

5. Having regard to the entirety of the facts and circumstances of the case, this Court directs the learned trial Court to consider and dispose of the petitioner's application dated 07.04.2009 in accordance with law.

6. The writ petition stands disposed.

(Vikash Jain, J) Md. Ibrarul/- U T