Tejnarayan Ray v. The State Of Bihar Through Its Secretary, Home Deptt. State Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1796 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== TEJNARAYAN RAY Son of Late Nisibi Ray Resident of Village - Kursaha, P.S.- Kursaha, District- Samastipur ... ... Petitioner

Versus

1.

THE STATE OF BIHAR THROUGH ITS SECRETARY, HOME DEPTT. STATE OF BIHAR, PATNA 2.

The District General of Police, Patna 3.

The Deputy Inspector General of Police, Darbhanga 4.

The Superintendent of Police, Samastipur 5.

The Sub Divisional Police Officer, Patori, District- Samastipur 6.

The Investigation Officer, P.S.- Mohiuddin Nagar, District- Samastipur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr. Iqbao Asif Niazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-02-2020 In ultimate analysis what has been finally culled out in course of arguments is that the petitioner who is the informant of this case is looking for proper and fair investigation in Mohiuddin Nagar P.S. Case No. 157 of 2019 dated 23.08.2019 under Sections 307, 324, 341/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. It is his allegation that the investigating officer is not doing proper investigating and is helping the accused persons. Learned counsel for the State has filed a counter affidavit and attention of this Court has been drawn towards the statements made in paragraph 19 onwards therein where it has been stated that the Superintendent of Police, Samastipur has been supervising the matter and has issued certain directions to the I.O.

Patna High Court CR. WJC No.1796 of 2019(2) dt.03-02-2020 2/2 as well as the S.D.P.O., Patori vide memo No. 6394/CB dated 10.12.2019 to arrest the accused persons against whom allegations have been found true and further direction has been issued to take action against the absconding accused for their property attachment.

Learned counsel for the petitioner, therefore, submits that at this stage if the Superintendent of Police, Samastipur supervises the case and ensures speedy action and completion of investigation with a proper direction to the investigating officer and those connected with the investigation he would be satisfied. In the given facts and circumstances of the case, the Superintendent of Police is directed to keep on supervising the case himself and ensure that all proper and necessary action in accordance with law is taken at the earliest opportunity and those who are acting on his direction be serious about carrying on his directions in this case and a final report be submitted in the court below within a reasonable time preferably within a period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) avin/- U T