Noor Mohamad v. The State Of Bihar, Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.897 of 2018 =================================================== Noor Mohamad, Son of Late Sekha Hamid, Resident of Khairwa, P.S.- Madhuban, District- Motihari.

.... .... Petitioner

Versus

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

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

3. The Deputy Inspector General of Police, Champaran Division, Bettia.

4. The Superintendent of Police, East Champaran, Motihari.

5. The Sub Divisional Police Officer, Pakaridayal, Motihari.

6. The Officer Incharge of the Madhuban Police Station-cumInvestigating Officer, Madhuban, Motihari. .... .... Respondents =================================================== Appearance :

For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary For the Respondent/s : Mr. Partha Sarthi(Ga-4) =================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 6.

17-09-2018 Learned counsel for the State has drawn attention of this court towards the statement made in the paragraph- 7 & 8 of the supplementary counter affidavit, wherein it is stated that the Investigating Officer of the case has obtained the order from the court for execution of proclamation under Section 82 Cr.P.C. and in compliance of the order under Report-3 and Report-4 issued by the Superintendent of Police, the Investigating Officer has obtained an order under Section 83 Cr.P.C. on 13.09.2018 and the same was executed on 14.09.2018. It is submitted that efforts for arrest is continued.

In the aforesaid view of the matter, this court finds that instead of keeping this writ application pending

Patna High Court Cr. WJC No.897 of 2018 (6) dt.17-09-2018 now it would be just and proper to direct the court below, who is in seisin of the matter, to supervise and monitor the investigation of the case till it is completed, and in case it is found that the Investigating Agency is not taking sincere steps to either execute the process or to complete the investigation of the case within a reasonable time, the appropriate order shall be passed with regard to the steps which may be required to be taken by the Senior Police Officer to conclude the investigation. In case of any inordinate delay the petitioner will have liberty to bring the matter to the notice of this court for appropriate order. Accordingly, this application stands disposed of. (Rajeev Ranjan Prasad, J) Rajeev/- U T