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Patna High CourtCR. WJC/1481/2022disposed

Ashfaque Ahmad @ Munna v. The State Of Bihar Through The Director General Of Police, Bihar, Patna

2023-01-02Mr. Justice Chandra Shekhar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1481 of 2022 Arising Out of PS. Case No.-327 Year-2022 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ASHFAQUE AHMAD @ MUNNA Son of Mohammad Shafi ResidenceNear Big Mosque, Khalispur, P.S.- Mufassil, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna Bihar 2.

The Superintendent of Police, District- Siwan Bihar 3.

The Deputy Superintendent of Police, Siwan Bihar 4.

The Officer-in-Charge, Mufassil Police Station, District- Siwan Bihar 5.

The Investigating Officer, Mufassil Police Station, District- Siwan Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Respondent/s :

Mr. M. Nasrul Huda Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-01-2023 Heard the parties.

The present criminal writ petition is being preferred for proper and fair investigations of the case of Muffasil P.S. Case No.327 of 2022, registered for offences under Sections 302 and 34 of the Indian Penal Code, as lodged by this petitioner. It is submitted by learned counsel for the petitioner that the present case was lodged for alleged heinous crime which took place somewhere in the month of June, 2022, in spite of that not a single witness was examined, till date, as per best of his knowledge, clearly indicating thereof that respondents are not fairly investigating the matter, as per the

Patna High Court CR. WJC No.1481 of 2022(2) dt.02-01-2023 2/2 provisions available under the law.

Learned SC-1, appearing on behalf of the State, submitted that all such issues, now put on rest through Cr. WJC No. 153 of 2017, dated 09.09.2022, where, appropriate guidelines have already been issued by this Court. Accordingly, no need to pass any fresh order. Petitioner is at liberty to take appropriate steps in view of guidelines, as per directions of Cr.WJC No. 153 of 2017 (Supra).

Let, this order be communicated immediately to Superintendent of Police, Siwan to take appropriate steps, as per direction of this Court issued through Cr.WJC No. 153 of 2017, dated 09.09.2022, if any application preferred by this petitioner within four weeks of this order.

Accordingly, present criminal writ petition is disposed of.

(Chandra Shekhar Jha, J) S.Katyayan/- U T