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Patna High CourtCR. WJC/116/2020disposed

Omkar Nath v. The State Of Bihar Through Principal Secretary Deptt. Of Home ( Police ) Govt. Of Bihar, Patna

2023-04-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.116 of 2020 Arising Out of PS. Case No.-542 Year-2019 Thana- DANAPUR District- Patna ====================================================== 1.

Omkar Nath Son of Kishore Kumar Singh, Resident of Mohalla - Tirumala Ram Jaipal Nagar, Gola Road, P.S. Rupaspur, District - Patna. 2.

Gunjesh Kumar @ Gunjesh Singh Son of Kamaljeet Singh, Resident of Village - Fakuli, P.S. - Awatar Nagar, District- Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Deptt. of Home (Police) Govt. of Bihar, Patna.

2.

The Director General cum Inspector General of Police Patna. 3.

The Inspector General of Police, Patna.

4.

The Deputy Inspector General of Police Patna. 5.

The Senior Superintendent of Police, Patna.

6.

The Superintendent of Police, Patna.

7.

The Officer in Charge of Danapur Police Station, Patna, Namely Pradeep Kumar.

8.

The Investigating Officer of Danapur Police Station P.S. Case No. 542/2019 Distt. Patna Namely S.I. Santlal Singh.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition for setting aside Danapur P.S. Case No. 542 of 2019, lodged under Sections 406, 420, 467, 468/34 of the I.P.C. dated 05.07.2019.

Learned counsel for the petitioner submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar

Patna High Court CR. WJC No.116 of 2020(5) dt.24-04-2023 2/2 and others vide order dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the Superintendent of Police and the Superintendent of Police was directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period. He submits that the present case is squarely covered with the case of Surendra Singh Vs. State of Bihar and others. In this view of the matter, petitioner is directed to file representation before the Superintendent of Police, Patna in the light of order passed in the case of Surendra Singh Vs. State of Bihar and others on 09.09.2022 in Cr. W.J.C. No. 153 of 2017 with analogous cases within four weeks from the date of passing of this order.

The Superintendent of Police, Patna is directed to take necessary steps for completion of fair investigation at the earliest.

With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U T