Harishchandra Prasad v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1504 of 2022 Arising Out of PS. Case No.-449 Year-2022 Thana- HISUWA District- Nawada ====================================================== Harishchandra Prasad Son Of Bal Sundar Chauhan R/O Village- Umrao Bigha, P.S.- Hisua, District- Nawada ... ... Petitioner/S

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna 2.

The Director General Of Police, Government Of Bihar, Patna 3.

The Inspector General Of Police, Magadh Range, Gaya 4.

The Superintendent Of Police, Nawada 5.

Sub-Divisional Police Officer, Sadar Nawada 6.

S.H.O. Hisua Police Station, District- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Respondent/s :

Mr. M. Nasrul Huda Khan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present criminal writ application directing/ commanding the respondents particularly, respondent nos. 4, 5 & 6 to properly investigate Hisua P.S. Case No. 449 of 2022 dated 05.08.2022 lodged under Section 363 of the I.P.C.

Counsel for the petitioner submits that during pendency of the criminal writ petition, the police has submitted report under Section 173(2) of Cr.P.C., 1973 as

Patna High Court CR. WJC No.1504 of 2022(3) dt.25-04-2023 2/2 "Satyasutrahin". Counsel submits that petitioner is completely disagree from the report of the police submitted under Section 173(2) of Cr.P.C.

Counsel for the State submits that it is a case of suicide and if petitioner has grievance, he may file protest petition before the Chief Judicial Magistrate, Nawada for not accepting the said final report lodged under Section 173(2) of Cr.P.C.

In the present facts and circumstances of the case and submissions made above, this criminal writ application is disposed off with the direction that under law, the petitioner has liberty to move before the Chief Judicial Magistrate, Nawada for filing application of protest.

With this direction, the present criminal writ application stands disposed off.

(Dr. Anshuman, J.) sadique/- U T