Manish Kumar Yadav v. The State Of Bihar Through Its Director General Of Police, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1881 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- LADANIA District- Madhubani ====================================================== Manish Kumar Yadav S/o Late Vishweshwar Yadav, R/o Village - Bellahi, P.S.- Ladaniya, District - Madhubani.

... ... Petitioner

Versus

1.

The State of Bihar through its Director General of Police, Patna Police Head Quarter, Sardar Patel Bhawan, Patna.

2.

The Director General of the Boarder Security Force, Patna. 3.

Mohan @ Mohan Kumar, the then Major of the Boarder Security Force, Madhubani.

4.

The then Assistant Commandant, E-Coy 18 BN, Shashastra Seema Suraksha Bal, Rajnagar, Madhubani.

5.

Kajal Pal S/o Subhash Chandra Pal, Vill- Rajgharnagar, 18V, Vahini Seema Surakha Bal, E-Samavoy, Piprahi, Madhubani.

6.

Inspector General of Police, Distt.- Madhubani. 7.

The Inspector of Police, PS- Ladaniya, Madhubani. 8.

The Investigating Officer (I.O.), of the Ldaniya PS Case No.- 119/19, PSLadaniya, Distt.- Madhubani. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shankar Ganguli, Advocate For the Respondent/s :

Mr.Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-02-2020 Heard Mr. Ganguli, learned counsel for the petitioner and learned counsel for the State.

While narrating the entire facts leading to lodgment of the three First Information Reports being Ladaniya P.S. Case No. 118 of 2019, Case No. 119 of 2019 and Case No. 120 of 2019. Learned counsel submits that Case No. 119 of 2019 has been lodged by this petitioner against the members of Sashastra Seema Bal (in short 'SSB') who have allegedly caused death of

Patna High Court CR. WJC No.1881 of 2019(4) dt.13-02-2020 2/3 his father by brutally assaulting him, the investigation of this case is not being properly done and it is his grievance that since the matter relates to the members of the 'SSB', the police authorities are not giving any attention to the case lodged by this petitioner. At the same time, it is his submission that in the case being Ladaniya P.S. Case No. 120 of 2019 in which the petitioner is an accused, the members of the force are behind him and they are also putting pressure upon the petitioner to withdraw the case.

Learned counsel for the State submits that the case lodged by this petitioner and the case lodged by the 'SSB' are giving two different stories of the occurrence and all the three cases are still under investigation, there is no reason for this petitioner to take a view that the police is not investigating his case in right direction.

Having heard learned counsel for the parties and on perusal of the records, this Court finds that there are three FIRs which are connected to each other but describing the allegations in different manner. At this stage, Mr. Ganguli has submitted before this Court that he would be satisfied if an appropriate direction be issued to the competent authority preferably the Director General of Police, Bihar (Respondent No. 1) to look

Patna High Court CR. WJC No.1881 of 2019(4) dt.13-02-2020 3/3 into the grievance of petitioner and issue an appropriate direction to the Supervising Authority/Investigating Agency so as to conclude the investigation within a time frame. This Court is of the opinion that the prayer which is being made at this stage are in fact constitutional right of any citizen of this country to seek speedy justice, one of the facets of which is speedy investigation of the case and in this regard this Court has no hesitation in issuing direction to respondent no. 1 to look into the entire matter and issue appropriate direction/directions to the Supervising Authority including a direction to conclude the investigation within a reasonable period and that reasonable period is to be fixed by the Director General of Police, Bihar considering the nature of the case and the time likely to be taken in conclusion thereof. Let this be considered and directions be issued within a period of one month from the date of receipt/production of a copy of this order.

The application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) vats/ved U T