Gopal Pathak @ Gopal Sharan Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1577 of 2018 Arising out of P.S. Case No.- Year- Thana- District- Jamui ====================================================== Gopal Pathak @ Gopal Sharan Pathak, Son of Late Sardar Pathak, R/vHarnarayanpur, P.S.- Jamui, District- Jamui. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Home Department, Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Inspector General of Police, Bhagalpur.

5. The Deputy Inspector General of Police, Munger.

6. The Superintendent of Police, Jamui.

7. The Deputy Superintendent of Police, Jamui.

8. The Officer in- Charge, P.S. Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the State : Mr. Saroj Kumar Sharma, AC to AAG-3) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 17-09-2018 Heard parties.

The Superintendent of Police, Jamui is present before us.

Counter affidavit is filed on behalf of the respondents. It is contended that the accused person who had

Patna High Court Cr. WJC No.1577 of 2018 dt.17-09-2018 2/3 taken the 35-40 years old son of the petitioner with him on truck has already been taken in custody and has made his confession also. However, he has stated that he has handed over the victim to some other person upon whom Section 80-82 Cr.P.C. proceedings have already been initiated and he has been declared absconder. It is also stated that the victim came down from the truck between Ramgarwha and Raxaul and, thereafter, his whereabouts are not known but the police is making its effort to recover the victim. It is admitted position that there has been delay of about 31 days in lodging the first information report and that may have proved vital and fatal and has definitely affected the proper investigation. However, it is stated that the Circle Inspector, who did not lodge the first information report, has already been suspended. The Superintendent of Police, Jamui, who is present before us, has stated that the disciplinary proceeding would also be initiated against him.

In such a situation, we are disposing of the matter with a direction to the police authorities to continue the investigation in effective manner by taking necessary steps expeditiously.

The personal appearance of the Superintendent of

Patna High Court Cr. WJC No.1577 of 2018 dt.17-09-2018 3/3 Police, Jamui is dispensed with.

(Dr. Ravi Ranjan, J) ( Madhuresh Prasad, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.09.2018 Transmission Date NA