Mamta Bharti v. The State Of Bihar, Through The Secretary Home Dept., Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1790 of 2019 Arising Out of PS. Case No.-306 Year-2017 Thana- DULHIN BAZAR District- Patna ====================================================== Mamta Bharti Wife of Dinesh Kumar @ Dinesh Mahto, Resident of VillageLala Bhadsara, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar, through the Secretary Home Deptartment, Bihar, Patna. 2.

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

The Inspector General of Police, Bihar, Patna. 4.

The Deputy Inspector General of Police, Patna. 5.

The Senior Superintendent of Police, Patna.

6.

The Superintendent of Police, Rural, Patna.

7.

The Additional Superintendent of Police, Danapur, Patna. 8.

The Sub Divisional Police Officer, Paliganj, District- Patna. 9.

The Officer - in - Charge, Police Station- Dulhin Bazar, District- Patna. Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Rikesh Sinha, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-01-2020 The petitioner in this case is praying for a direction to the respondents for scientific investigation of the seized arms, cartridges and Khokha in connection with Dulhin Bazar P.S. Case No. 304 of 2017 and he is pointing out to some other aspect of the cases in this connection.

It is his submission that he has filed an application on 24.09.2018 before the Inspector General of Police, Bihar, Patna

Patna High Court CR. WJC No.1790 of 2019(2) dt.31-01-2020 2/3 (Respondent No. 3) and another application on 01.07.2019 before the Sub-Divisional Police Officer, Paliganj, Patna (Respondent No. 8). It is his further submission that the cases referred in the petition are still under investigation and these aspects which the petitioner is pointing out would be important to be looked into.

Learned counsel for the State submits that if the matter is still under investigation and petitioner has filed any petition before the aforesaid respondents as has been stated in Paragraph '21' of the writ application, an appropriate direction may be issued to the Sub-Divisional Police Officer, Paliganj, Patna (Respondent No. 8) to look into the petition preferred by the petitioner and take an appropriate decision if he finds that those are required to be investigated.

Considering the facts and circumstances of the case and the nature of submissions, this Court directs the Senior Superintendent of Police, Patna (Respondent No. 5) and the Sub-Divisional Police Officer, Paliganj, Patna (Respondent No.

8) to look into the matter, take a review in their own wisdom, decide as to how the offences alleged are to be investigated properly. The aforesaid authorities shall take an appropriate view of the matter within 30 days from the date of

Patna High Court CR. WJC No.1790 of 2019(2) dt.31-01-2020 3/3 receipt/production of a copy of this order.

The application is disposed off accordingly.

(Rajeev Ranjan Prasad, J) vats/ved U T