Usha Devi v. The Stateof Bihar Through The D.G.P Bihar Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.285 of 2016 ======================================================

1. Usha Devi W/o Yogendra Singh R/o Village- Pathara, PS Jadopur District Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar Through The D.G.P Bihar (Patna)

2. The District Magistrate, Gopalganj.

3. The S.P. Gopalganj.

4. The Officer -in-Charge, Yadopur Police Station case no. 61/2015 Distt Gopalganj.

5. The I.O. of the Case Bearing Yadopur Police Station Case NO. 61/ 2015 Distt Gopalganj.

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

For the Petitioner/s : Mr. Harendra Prasad, Adv. For the Respondent/s : Mr. Prashant Pratap (GP-6) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 19-07-2016 Heard Mr. Harendra Prasad, learned Counsel, appearing on behalf of the petitioner, and Mr. Prashant Pratap, learned Government Pleader No.6, appearing on behalf of the State-respondents.

This is an application, made under Articles 226 and 227 of the Constitution of India, seeking issuance of a direction for recovery/production of her minor daughter and for proper investigation.

From the counter affidavit, which has been filed by respondent Nos. 3 to 5, namely, the Superintendent of Police, Gopalganj, the officer-in-charge, Yadopur Police Station, and the Investigating Officer of the case bearing Yadopur Police Station

Patna High Court Cr. WJC No.285 of 2016 (3) dt.19-07-2016 2/2 Case No.61 of 2015, District- Gopalganj respectively, it transpires that on the basis of the First Information Report lodged by the petitioner, as an informant, Yadopur Police Station Case No.61 of 2015 was registered and, upon investigation, it has transpired that the petitioner's daughter is not a minor, but she is a major. The counter affidavit also reveals that the petitioner's daughter has not been recovered.

Having considered the averments made in the writ petition and materials on record and upon hearing the parties, it is hereby directed that respondent No.3, namely, the Superintendent of Police, Gopalganj, shall enquire into the grievances raised in the writ petition, do the needful in accordance with law and get the investigation of Yadopur P.S. Case No. 61 of 2015 completed expeditiously, preferably, within a period of six months ensuring proper, fair and effective investigation in such a way that no innocent person is harassed.

With the aforesaid observations and directions, this writ petition stands disposed of.

(I.A. Ansari, ACJ) K.C.jha/- U T