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Patna High CourtCR. WJC/1510/2022disposed

Braj Mohan Thakur v. The State Of Bihar Through Home Secretary, Government Of Bihar, Patna.

2023-04-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1510 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- AURAI District- Muzaffarpur ====================================================== Braj Mohan Thakur S/o Ram Kripal Thakur, R/o Village- Ghanshyampur Tole Ghoghari, P.S.- Aurai, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Home Secretary, Government of Bihar, Patna. Bihar 2.

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

The Senior Superintendent of Police, Muzaffarpur. 4.

The Deputy Superintendent of Police, Muzaffarpur(East). 5.

The S.H.O. of Aurai Police Station District Muzaffarpur. 6.

The Investigating Officer of Aurai P.S. Case No. 41/2022. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition seeking direction from the Court to conduct a fair and impartial investigation in connection with Aurai P.S. Case No. 41 of 2022 lodged under Sections 272 and 273 of the I.P.C. and Section 30(a) of Bihar Prohibition Excise Act and Section 25(1-b)a and 26 of Arms Act.

Learned counsel for the respondents submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar

Patna High Court CR. WJC No.1510 of 2022(2) dt.04-04-2023 2/2 and others vide order dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the Superintendent of Police and the Superintendent of Police was directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period. In this view of the matter, the present Cr. Writ Petition is disposed off in the light of order passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases and petitioner is directed to file representation before the Superintendent of Police, Muzaffarpur within four weeks from the date of passing of this order. The Superintendent of Police, Muzaffarpur is directed to take necessary steps for completion of fair investigation at the earliest.

With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

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