Alakh Niranjan Tiwari v. The State Of Bihar Through Director General Of Police, Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1155 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Alakh Niranjan Tiwari, Son of Late Sheonath Tiwari, Resident of Bashist Nagar New Police Line, Ara, P.S.- Nawada, District - Bhojpur .... .... Petitioner

Versus

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

2. The Inspector General of Police, Patna

3. The Senior Superintendent of Police, Patna

4. The Investigating Officer, Buddha Colony Police Station, Patna

5. The Divisional Manager, State Banka of India

6. The Branch Manager, Sinchai Bhawan, Secretariat, Patna

7. The Branch Manager, Rajgir, Nalanda .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay, Advocate For the Respondent/s : Mr. Krishna Kumar, AC to GP-26 Mr. Abhishek Kumar, AC to Sr. Advocate S.D. Sanjay. =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 16-02-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is informant of Budha Colony P.S. Case No. 163 of 2012 registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code. He has filed the

Patna High Court Cr. WJC No.1155 of 2013 dt.16-02-2015 2 / 3 present application under Articles 226 and 227 of the Constitution of India for a direction to the respondents to properly investigate the matter and nab culprits so that recovery of huge amount withdrawn by them from the account of the petitioner is recovered. Learned counsel for the petitioner has submitted that though more than two years have passed since the date of institution of the FIR, the investigating agency is sitting tight over the matter. On the other hand, learned counsel for the State has submitted that though efforts are being made by the police but till date the investigation could not be concluded as the facts involved in the case are too complex.

Be that as it may, to hold investigation into a cognizable offence is the statutory right of police. At this stage, the Court has no role to play. However, the investigating agency is not expected to prolong investigation of a case for an indefinite period. A prompt and sensitive investigating agency is indispensable to the criminal justice system.

Having regard to the undue delay caused in investigation of the case, I direct the Senior Superintendent of Police, Patna to personally look into the matter and ensure an expeditious investigation into the case. He shall see that a report under Section 173(2) of the Code of Criminal Procedure is

Patna High Court Cr. WJC No.1155 of 2013 dt.16-02-2015 3 / 3 submitted before the concerned Magistrate as early as possible preferably within four months from the date of receipt/production of a copy of the order.

With these observations and directions, the application is disposed of.

Registry is directed to communicate a copy of the order to the Senior Superintendent of Police, Patna. (Ashwani Kumar Singh, J.) Sanjeet/- U T