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Veena Kumari vs The State Of Bihar Through The Home … on 16 April, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.612 of 2019

Arising Out of PS. Case No.-169 Year-2018 Thana- JANDAHA District- Vaishali

Veena Kumari aged about 53 years, Female wife of Late Chandeshwar Prasad
Singh Resident of Village- English Khajwata, Police Station- Bidupur,
District- Vaishali.

… … Petitioner
Versus

1. The State Of Bihar through the Home Secretary (police), Bihar, Patna

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

3. The Deputy Inspector General of Police, Tirhut Range, Muzaffarpur.

4. The Superintendent of Police, Vaishali.

5. The Sub- Divisional Police Officer, Mahua, District- Vaishali.

6. The Officer- In- Charge of Jandaha Police Station, District- Vaishali

… … Respondents

Appearance :

For the Petitioner/s : Mr.Binod Kumar, Advocate
For the Respondent/s : Mr.Md. Nadim Seraj, GP-5
Mr. Iqbal Asif Niazi, AC to GP-5

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 16-04-2019

Heard learned counsel for the petitioner and

learned counsel for the State.

2. In the instant writ petition preferred under

Articles 226 and 227 of the Constitution of India, a prayer has

been made to direct the respondent-authorities to submit charge

sheet against the accused persons named in the first information
Patna High Court CR. WJC No.612 of 2019 dt.16-04-2019
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report (for short ‘FIR’) after conducting proper investigation.

3. Learned counsel for the petitioner has

submitted that the petitioner is the informant of Jandaha P.S.

Case No. 169 of 2018 registered under Sections 363 and 365/34

of the Indian Penal Code on 14.07.2018 against five named

accused persons for abduction of her only son Durga Sharan.

The victim was recovered on the very next date and his

statement was recorded under Section 164 of the Code of

Criminal Procedure. However, since then, the investigation is

pending. He has contended that the accused persons named in

the FIR are very influential in the locality and, hence, no action

is being taken by the police against them.

4. On the other hand, learned counsel for the

State submitted that the case instituted by the petitioner is being

investigated by the police. Referring to the writ petition itself,

he has submitted that after filing of the FIR, a complaint case

has been brought against the petitioner’s family by the daughter

of one of the accused persons. The said complaint has been

instituted under Section 498A of the Indian Penal Code and

Sections 3 and 4 of the Dowry Prohibition Act against the son of

the petitioner in the court of Chief Judicial Magistrate, Vaishali

at Hajipur. The learned Magistrate has also taken cognizance of
Patna High Court CR. WJC No.612 of 2019 dt.16-04-2019
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the offence and summoned the son of the petitioner in the said

case. He has submitted that from the pleadings of the petitioner

itself, it would be manifest that on the one hand, the petitioner is

alleging abduction of his son and, on the other hand, one of the

abductors’ daughter is claiming herself to be wife of alleged

victim, son of the petitioner and daughter-in-law of the

petitioner. He has contended that at this stage, it would not be

appropriate for this court to issue any direction for submission

of charge sheet against the accused persons named in the FIR.

5. Having heard learned counsel for the parties

and carefully perused the record, I am of the opinion that

investigation into a cognizable offence is in the domain of the

police. At the stage of investigation, the court cannot direct the

police to submit charge sheet against anyone. The submission

of charge sheet would depend on outcome of the investigation.

In that view of the matter, the prayer made by the petitioner

cannot be allowed. However, a sensitive and committed

investigation is a must in every criminal case. In absence of

sensitive and committed investigation, it would be very difficult

to arrive at the truth. It is expected that the police will conduct

the investigation of the case and submit their report before the

court without any delay.

Patna High Court CR. WJC No.612 of 2019 dt.16-04-2019
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6. With the aforesaid observations, the writ

petition is disposed of.

(Ashwani Kumar Singh, J)
kanchan/-

AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.04.2019
Transmission Date 19.04.2019

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