Jitendra Kumar v. The State Of Bihar Through The Principal Secretary, Home Deptt. Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78071 of 2019 Arising Out of PS. Case No.-622 Year-2015 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Jitendra Kumar, son of Avendra Kumar, R/o Village- Ismailpur, PostSandhodullah, Garaul, P.S.- Garoul, Distt.- Vaishali, PIN-844134. ... ... Petitioner

Versus

1.

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

The Director General of Police-cum-I.G. of Police, Bihar, Patna. 3.

The Chairman of the Central Selection Board of Constable, Bihar, Patna. Bihar.

4.

The Secretary of the Central Selection Board of Constable, Bihar, Patna. 5.

The Special officer of the Central Selection Board of Constable, Bihar, Patna.

6.

The S.P. of Kamur, (Bhabhua).

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ranjit Jha, Advocate For the Opposite Party :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-07-2023 This application has been filed for quashing of the F.I.R. vide Bhabhua P.S. Case No. 622 of 2015 registered under Sections 419, 420/34 of the Indian Penal Code. 2.

Learned counsel for the petitioner submits that investigation in Bhabua P.S. Case No. 622 of 2015 is still pending. He further submits that during investigation no material has come to implicate the petitioner in this case but because of the registration of the F.I.R. his services as constable has been terminated and if the investigation is concluded and the petitioner is exonerated then he may get back his job.

Patna High Court CR. MISC. No.78071 of 2019(2) dt.13-07-2023 2/2 3.

In the opinion of this Court, the petitioner has a right to speedy, fair and proper investigation, which should have been concluded within a reasonable period of time. The investigation cannot be kept pending indefinitely. 4.

In view of the above, this application is disposed of with a direction to the Bhabhua Police to conclude the investigation of Bhabua P.S. Case No.622 of 2015 within three months from the date of receipt/communication of a copy of this order. If the investigation is not concluded within the stipulated period of three months, as indicated above, then the F.I.R. vide Bhabua P.S. Case No. 622 of 2015 shall be treated to have been quashed against the present petitioner only. 5.

Let a copy of this order be communicated to the Superintendent of Police, Kaimur at Bhabhua through FAX or e-mail for its compliance.

(Sandeep Kumar, J) pawan/- U T