Amarlata Mishra v. The State Of Bihar Through Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.102 of 2020 Arising Out of PS. Case No.-117 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Amarlata Mishra, Wife of Late Vidhan Chandra Mishra, Resident of Ward No.- 36, Bhagwati Nagar, Dr. Kanti Kumari Gayatri Kunj, P.S.- Beniyah, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Director General Of Police, Bihar, Patna. 2.

The Inspector General of Police, Munger, Bihar. 3.

The Deputy Inspector General of Police, Munger, Bihar. 4.

The Superintendent of Police, Lakhisarai.

5.

The Station Head Officer (S.H.O.), G..R.P.S., P.S.- Kiul. Kiul 6.

The Superintendent of Police, Central Bureau of Investigation, Patna. 7.

The Senior Superintendent of Police (Railway), Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navjot Yeshu, Adv.

Mr. Santosh Bharti, Adv.

For the CBI :

Mr. Bipin Kumar Sinha, SC, CBI Mr. Ravi Bhushan, Adv.

For the State : Mr.Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-02-2020 Let the Senior Superintendent of Police (Railways), Lakhisarai be added as party respondent no.7. After hearing learned counsel for the parties and on perusal of the records it transpires from the statements made in the counter affidavit and the material placed on record that the investigation of the case is still going on, on the basis of the materials which have been collected so far two persons namely Devanshu and Fatima Roz Karketta have been arrested and they

Patna High Court CR. WJC No.102 of 2020(4) dt.13-02-2020 2/3 have been sent in judicial custody, charge-sheet has also been filed against them.

Learned counsel for the State has drawn the attention of this Court towards some of the aspects of the investigation which are already mentioned in the supervision note and the investigating officer has been directed to investigate on those matters.

In fact, the submission of learned counsel for the petitioner is also that the issues which have been taken up by the supervising authority must be investigated with all sincerity and efforts so that the persons involved in the occurrence may be identified and be proceeded against.

At this stage, there is no material before this Court to show that the investigation is not going on and/or that the investigating agency is not taking efforts to investigate the matter in proper direction, hence this Court finds no reason to direct handing over of the investigation of the case to the C.B.I. Considering the grievance of the petitioner, however, this Court directs the Superintendent of Police, Lakhisarai and the Senior Superintendent of Police (Railway), Lakhisarai to act in coordination with each other, supervise the matter and complete the investigation of the case within a period of 90 days

Patna High Court CR. WJC No.102 of 2020(4) dt.13-02-2020 3/3 from the date of receipt/production of a copy of this order. After completion of investigation and submission of final form/report, in case the petitioner is still aggrieved, she will have liberty to take steps in accordance with law in the court below.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U T