Md Abul Kalam @ Abul Kalam v. The State Of Bihar, Through Principal Secretary, Department Of Home, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.111 of 2025 Arising Out of PS. Case No.-804 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md Abul Kalam @ Abul Kalam S/o Late Md. Rafique Village- Senduary Govind, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar, through Principal Secretary, Department of Home, Bihar Patna 2.

The Director General of Police, Bihar, Patna Bihar 3.

The D.I.G., Tirhut Division, Muzaffarpur Bihar 4.

The District Magistrate, Vaishali Bihar 5.

The Superintendent of Police, Vaishali Bihar 6.

The Sub-Divisional Police Officer, Hajipur Sadar, Vaishali Bihar 7.

The S.H.O., Hajipur Sadar P.S., District- Vaishali Bihar 8.

Md. Asif Akbar S/O Akbar Ali R/O Kharjamma, Ward no.- 03, P.S.- Mahnar, Dist.- Vaishali.

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Respondent/s :

Mr.G.P.17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard learned counsels for the parties.

2. This application has been filed for commanding the respondents concerned to get Hajipur Sadar P.S. Case No.804 of 2024, dated 23.10.2024, registered u/s 80/3(5) of the BNS investigated through any impartial and dispassionate agency or superior officer and/or to conclude fairly and proper investigation of the said case in accordance with law and to take action with regard to the private respondent for lodging of the

Patna High Court CR. WJC No.111 of 2025(2) dt.03-07-2025 2/2 present false case and to submit final form against the petitioner and others FIR named persons exonerating from the allegation without any further delay for the ends of justice.

3. It has been submitted by the learned counsel for the petitioner that the deceased had died in Delhi from cancer and her dead body was brought to Vaishali, Bihar, for cremation and an FIR has been registered in Vaishali.

4. In these circumstances, the Investigation Officer of Hajipur Sadar P.S. Case No.804 of 2024 is directed to investigate the case properly.

5. The petitioner and co-accused persons shall not be arrested during the course of investigation.

6. With the aforesaid observation and direction, this application stands disposed of.

(Sandeep Kumar, J) shikha/- U