Rajesh Kumar Gupta v. The State Of Bihar Through Arvind Kumar Chaudhary, Principal Secretary, Home Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3075 of 2025 In Criminal Writ Jurisdiction Case No.2414 of 2024 ====================================================== Rajesh Kumar Gupta Son of Sri Rajendra Prasad Gupta, Resident of Talbanna, Near Public High School, P.O- Sahebganj P.S.- Sahebganj Town, District- Sahebganj, At present residing at Flat No. 201, Plot No. 100, Tushar Appartment-16, Rajbagh Colony, Sahibabad, Ghaziabad, Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The State of Bihar through Arvind Kumar Chaudhary, Principal Secretary, Home Department Government of Bihar, Patna, Bihar. 2.

Vinay Kumar, Director General of Police, Patel Bhawan, Patna. 3.

Kartikeya Kumar Sharma, Senior Superintendent of Police, Patna. 4.

Diksha, Superintendent of Police, City, Patna. 5.

Saket Kumar, Sub Divisional Police Officer, Dumra P.S., Bailey Road, Patna.

6.

Amar Kumar, S.H.O. Shastri Nagar Police Station, Patna. 7.

Ramesh Kumar, Investigating Officer, Shastri Nagar Police Station, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Chaubey, Advocate For the Opposite Party/s :

Mr. Standing Counsel 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 19-06-2026 Deepak Kumar, Sub-Inspector of Police, Shastri Nagar P.S. is present in Court with the case diary. It is submitted by him as well as the learned Advocate on behalf of the State that in connection with Shastri Nagar P.S. Case No. 537 of 2022, final report has been submitted and it was forwarded to the Court of the learned Chief Judicial Magistrate, Patna on 13.05.2026.

2. In view of such circumstances, no further order is warranted in the instant contempt application.

Patna High Court MJC No.3075 of 2025(3) dt.19-06-2026 2/2

3. Though, it is submitted by the learned Advocate for the writ petitioner that this Court should look into the question as to whether the Investigating Officer has come to the logical conclusion of the case or not, this Court is of the view that in writ jurisdiction this Court has no power to examine the final report submitted by the police because of the fact that it is within the exclusive jurisdiction of the learned Chief Judicial Magistrate, Patna either to accept the final report or to take cognizance against the accused persons on the basis of the materials in case dairy and prior to the acceptance of the final report, the writ petitioner is required to be notified. The writ petitioner has the right of audience before the learned Chief Judicial Magistrate regarding raising objection against acceptance of final report.

4. In view of such statutory provision, no further order is required to be passed in the instant contempt application.

5. Accordingly, the instant contempt application stands disposed of.

(Bibek Chaudhuri, J) Jyoti Kumari/- U