Ramesh Singh @ Ramesh Kumar Sinha v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1833 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== RAMESH SINGH @ RAMESH KUMAR SINHA son of Late Satyanarayan singh Village- Motiya Panchayat Motiya Ps- Adapur Dist- East Champaran Motihari Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna Bihar 2.

The Principal Secretary, Department of HOme, govt. of Bihar, Patna Bihar 3.

The Director General of Police, Bihar at Patna Bihar 4.

The Superintendent of Police, E.Champaran Motihari Bihar 5.

The SDPO Raxaul East Champaran Bihar 6.

The SHO Adapur East Champaran Bihar 7.

The Investigating Officer Chandrika Prasad Adapur, East Champaran Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Advocate Mrs. Alka Singh, Advocate For the Respondents :

Mr. Iqbal Asif Niazi, AC to GP-05 Ms. Shiwani Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2025 Heard learned Senior Counsel for the petitioner and learned counsel for the State.

2. The present application has been filed on behalf of the petitioner for the following reliefs:- (i) For issuing a direction upon the Superintendent of Police and Investigating Officer for proper investigation of Adapur P.S. Case No.266 of 2023, registered for the offences under Sections 341, 302, 120B, 504, 506 of the Indian Penal

Patna High Court CR. WJC No.1833 of 2023(2) dt.01-05-2025 2/3 Code, Sections 27 of Arms Act and Sections 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(ii) For issuing direction upon the Superintendent of Police, East Champaran to decide the representation dated 12.09.2023 (Annexure-P/3) in accordance with law and taking necessary action for the proper redressal of the matter in relation to Adapur P.S. Case No.266 of 2023, registered for the offences under Sections 341, 302, 120B, 504, 506 of the Indian Penal Code, Sections 27 of Arms Act and Sections 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(iii) For any other relief to which the petitioner is found entitled to in the facts and circumstances of the case.

3. Learned Senior Counsel for the petitioner has submitted that the police is not properly investigating the case therefore, police may be directed to properly investigate the case. The police cannot investigate the case as per the direction of the accused. He further submitted that he shall be satisfied if his representation is considered by the police authorities.

4. The Superintendent of Police, East Chamaran, will consider the representation of the petitioner and if he finds

Patna High Court CR. WJC No.1833 of 2023(2) dt.01-05-2025 3/3 that there is some material in the submission of the representation of the petitioners then he will direct the Investigating Officer of the case to investigate on those points also.

5. This application is disposed of with the aforesaid liberty and direction.

6. The authority concerned is directed to conduct the representation as per the wishes of the petitioner.

7. It is made clear that the Court has not applied its mind to the facts of the case.

(Sandeep Kumar, J) shikha/- U T