Jai Kishan Paswan v. Amir Subhani, Principal Secretary, Home Department, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 407 of 2018 Arising out of Criminal Writ Jurisdiction Case No. 575 of 2016 ====================================================== Jai Kishan Paswan, Son of Kalpu Paswan, resident of Village - Udama Rekha, Police Station - Katihar (Muffasil), District - Katihar. ... ... Petitioner/s

Versus

1.

Amir Subhani, Principal Secretary, Home Department, Bihar, Patna. 2.

Sri P.K. Thakur, the Director General of Police, Bihar, Patna. 3.

Sri Pankaj Kumar, Darad, the Inspector General of Police, Darbhanga Zone. 4.

Sri Saurav Kumar, the Deputy Inspector General of Police, Purnea Range, Purnea.

5.

Sri Siddhartha Mohan Jain, the Superintendent of Police, Katihar. 6.

Arvind Kumar Singh, O/C cum-S.H.O of Katihar (Muffasil) P.S. under the District of Katihar.

7.

Satya Narayan Yadav, Son of Late Nago Yadav.

8.

Mahendra Yadav, Son of Satya Narayan Yadav.

9.

Putul Devi, Wife of Mahendra Yadav. All residents of (Respondent Nos. 7 to

9) Village - Udama Rekha, P.S. - Katihar (Muffasil), District - Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the State :

Mr. Saroj Kumar Sharma, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-09-2019 Heard learned counsel for the petitioner and learned AC to AAG 3 for the State.

2. Pursuant to order dated 13.08.2019, the Inspector General of Police, Darbhanga Zone and the Superintendent of Police, Katihar are present in Court. The reason why they were called is recorded in the order dated 13.08.2019.

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3. Though the Deputy Inspector General of Police, Purnea range was also required to appear but the Court has been informed that in the recent reorganization of the police set up, there is only the Inspector General of Police, Darbhanga range to whom the Superintendent of Police of various districts report and the post of Deputy Inspector General of Police, Purnea range has been abolished.

4. Show cause has also been filed on behalf of the Superintendent of Police, Katihar. From the same it transpires that they have taken some steps in the matter and against two named accused, charge sheet has been submitted.

5. The Inspector General of Police, fairly submitted that the matter required further thorough investigation and has assured the Court that he would monitor the matter so that the truth comes out with regard to the wife of the informant having gone missing.

6. The Superintendent of Police, Katihar also submitted that he would constitute a special investigating team and would also himself monitor the matter.

7. Having regard to the aforesaid, the Court finds that, though belatedly, the authorities have woken up and are seriously pursuing investigation of the case.

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8. In view thereof, the application stands disposed off on the assurance of the Inspector General of Police, Darbhanga range as well as the Superintendent of Police, Katihar that further investigation shall be seriously pursued professionally on scientific lines also and the matter would be taken to its logical conclusion and the culprits brought before the Court for facing trial, in accordance with law.

9. The Court hopes and trusts that the same would be done expeditiously and within a reasonable period of time.

10. Personal appearance of the officers stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T