Leela Gupta v. The State Of Bihar Through Principal Secretary Dept. Of Home, Govt. Of Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.18 of 2020 Arising Out of PS. Case No.-638 Year-2018 Thana- DIGHA District- Patna ====================================================== Leela Gupta, W/o Sri Ashok Kumar, Resident of Village - Ketan Stationary Salimpurahra Gali no.2, Salimpur Ahra, P.S.- Kadamkuan, Distt.- Patna Present resident at XTTI Road, Digha, P.S.- Digha, Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Principal Secretary, Dept. Of Home, Govt. Of Bihar, Old Secretariat Patna, 2.

Director General of Police, Bihar, Patel Bhawan, Patna. 3.

Senior Superintendent of Police, Patna.

4.

Superintendent of Police, Central, Patna.

5.

Deputy Superintendent Police, Central, Patna. 6.

Office in Charge, Police Station, Digha, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Umesh Prasad, Advocate For the State :

Mr.Ajay Kumar, A.C. to G.P.-4 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-02-2020 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner seeks a direction from this Court for expediting the investigation and apprehending of the accused persons against whom the respondents have found the case to be true.

Learned counsel for the petitioner submits that an F.I.R. dated 21.12.2018 had been lodged which was registered as Digha P.S. Case No.638 of 2018 under Sections 420, 406, 467, 468, 120B/34 of the Indian Penal Code and Section 138 of

Patna High Court CR. WJC No.18 of 2020(5) dt.19-02-2020 2/3 the N.I. Act. Learned counsel for the petitioner submits that instead of expediting the investigation and bringing it to a logical conclusion, the respondents are lingering the matter and have not taken adequate steps for apprehending the main accused Kiran Devi and one Ajay Narayan Rai, against whom they have found the case to be true. Learned counsel for the petitioner submits that in the counter affidavit filed by respondents at paragraph 13, they have stated that they have been taking necessary steps, but actually, the two are absconding accused persons and no further punitive action/coercive steps are being taken against them. He thus prays for a simple relief in this writ petition that the investigation, which has now been virtually completed, be set into motion and the accused persons be arrested.

Be that as it may and noting the contents of the counter affidavit, it is directed that the respondent Nos.5 and 6, namely, the Deputy Superintendent of Police, Central, Patna and the Officer-in-Charge, Police Station, Digha, Patna, respectively, shall take immediate steps in this matter and issue necessary processes for taking the two accused persons into custody within a period of three weeks from the date of receipt/production of a copy of this order.

Patna High Court CR. WJC No.18 of 2020(5) dt.19-02-2020 3/3 With the aforementioned directions, the application stands disposed of.

(Anjana Mishra, J) PNM U T