Surji Devi v. The State Of Bihar Through Home Secretary, Home Department Govt. Of Bihar Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2029 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Surji Devi W/o Mahesh Das R/o Village- Narghoghi Tola Khekhan, P.S- Sarai Ranjan, Distt.- Samastipur.
... ... Petitioner
Versus
1.
The State of Bihar through Home Secretary, Home Department Govt. of Bihar Patna.
2.
The Director General of Police, Govt. of Bihar, Patna. 3.
The Additional Director General of Police, Darbhanga Division, Darbhanga, Bihar 4.
The Superintendent of Police, Samastipur.
5.
The Sub-Divisional Police Officer, Sarairanjan, Samastipur 6.
The SHO, Sarairanjan Police Station, Samastipur. 7.
The Investigation Officer Ashok Kumar Paswan, Sarairanjan Police Station, Samastipur. Bihar ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Respondent/s :
Mr. Madanjeet Kumar, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-02-2024 The grievance of the petitioner is that in Sarairanjan P.S. Case No. 142 of 2022 dated 05.06.2022 registered under Sections 341, 323, 307, 302, 354, 504 and 34 of the Indian Penal Code and Sections 3(2)(va), 3(i)(s) and 3(i)(r) of the S.C./S.T. Act, till date the investigation has not been completed. The petitioner prays for a proper and fair investigation of the case.
2. Learned GP-20 appears for the State and submits that in the nature of the reliefs prayed in the writ application,
Patna High Court CR. WJC No.2029 of 2023(2) dt.01-02-2024 2/2 this Court may issue appropriate direction to the Superintendent of Police, Samastipur.
3. Having regard to the facts and circumstances of the case without forming any opinion on the merit of the allegations, this Court directs the Superintendent of Police, Samastipur to ensure a proper and fair investigation of the case and submission of a final police report within a reasonable period. If it is found that the Investigating Officer of the case is not working properly and he is not taking interest in the matter, the Superintendent of Police, Samastipur shall consider changing the Investigating Officer of the case. In any case, the investigation must proceed and be completed within a period of four months from the date of receipt/production of a copy of this order.
4. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U