Patna High CourtCR. MISC./87276/2019dismissed

Ajay Narayan @ Abhay Narayan v. The State Of Bihar

2020-01-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87276 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== AJAY NARAYAN @ ABHAY NARAYAN Son of Prasiddh Narayan Yadav Resident of Village- Yogia Simra, P.S.-Belaganj, District- Gaya, State- Bihar, At present Harina Colony, P.S.-Barora, District- Dhanbad, Jharkhand. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 08-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure ( for short 'the Code') for quashing the order dated 23.10.2019 passed by Sub Divisional Judicial Magistrate , Vaishali at Hajipur, allowing the application filed under Sections 173(8) of the Code. The learned Court below has allowed and permitted conduct of further investigation U/s 173(8) of the Code in accordance with law.

It is submitted by the petitioner's counsel that there was no evidence whatsoever to justify such permission being granted by the Court under Section 173(8) of the Code.

Patna High Court CR. MISC. No.87276 of 2019 dt.08-01-2020 2/2 It appears that the Investigating Officer had filed an application on 16.10.2019. The application had been made on account of supervision note(s) submitted by the S.D.P.O., Mahua, who, relying upon statement of three witnesses in support of the prosecution directed the Investigating Officer to proceed for further investigation. Exercise of power by the Court under the Code of Criminal Procedure, to direct for further investigation, in the circumstance, cannot be questioned. The Court does not consider it a fit case to interfere with the investigation at this stage.

The application is devoid of merit and is, accordingly, dismissed.

(Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.1.2020 Transmission Date 13.1.2020