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2022 Supreme(Pat) 582

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, J.
Cr. WJC No.1850 of 2019 with 14 of 2021
(23.12.2022)
Shankar Kushwaha @ Shankar
Kumar Biswas & Anr. (in 1850)
Suman Kumar @ Suman Singh
(in 14) ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
(in both)

Advocates:
For the Petitioners: M/s P.K. Shahi, Sr. Adv., Ranjeet Kumar, Md. Nasrul Huda Khan 1850); Sanjay Kumar (in 14).
For the Informant : Mr. Sunil Kumar Pathak 1850).
For the Respondents: Mr.Saroj Kumar Sharma (in 14).

Headnote:

Indian Penal Code, 1860 – Sections 302, 147, 148, 149, 341, 323, 325 and 307 – Constitution of India – Article 226 – Inaction on part of CID by sitting over the matter for more than two years is apparent on perusal of records – This is yet another case in which CID has not acted for over two years – Allegations of petitioner that investigation of case has not progressed under some influence needs to be looked into at appropriate stage if occasion so arises – For the present, it is an opportunity for CID to show it's credibility by taking immediate steps to execute warrants and process under Section 82 and 83, Cr.P.C. in it's true terms and spirit and ensure that cases proceed in accordance with law – Writ applications disposed of with directions and observations. (Paras 27 and 28)

Rajeev Ranjan Prasad, J.—Heard Mr. P.K. Shahi, learned senior counsel assisted by Mr. Ranjeet Kumar, learned Advocate for the petitioners in Cr.W.J.C. No. 1850 of 2019 and Mr. Nasrul Huda Khan, learned SC-1 for the State. Mr. Sunil Kumar Pathak, learned Advocate has argued on behalf of the informant.

2. Also heard Mr. Sanjay Kumar, learned counsel for the petitioner in Cr.W.J.C. No. 14 of 2021 for the petitioner and Mr. Saroj Kumar Sharma, learned AC to AAG-3 for the State.

3. Since both the writ applications have been heard together with consent of learned counsel for the parties, this Court is disposing of the same by this common order.

Cr.W.J.C . No.1850 of 2019 (Shankar Kushwaha @ Shankar Kumar Biswas and others vs. State of Bihar and Anr.)

4. In this writ application the petitioners are praying for quashing of the First Information Report being K. Hat (Sahayak) P.S. Case No. 294 of 2019 dated 02.05.2019 registered for the offences under Sections 147, 148, 149, 341, 323, 325 & 307 of the Indian Penal Code, Section 302 I.P.C. has been added subsequently.

5. It is the case of the petitioners that at the instance of the injured (since deceased) one First Information Report giving rise to K. Hat (Sahayak) P.S. Case No. 292 of 2019 dated 01.05.2019 was registered.

6. Later on a second F.I.R. being K. Hat (Sahayak) P.S. Case No. 294 of 2019 dated 02.05.2019 under Sections 147, 148, 149, 341, 323, 325 & 307 of the Indian Penal Code, Section 302 I.P.C. has been added subsequently, has been registered at the instance of the respondent no. 8 & 9.

7. Learned senior counsel for the petitioners argued that in fact for the same occurrence altogether six F.I.Rs. were registered. From the deceased’s side three F.I.Rs. have been lodged.

K. Hat (Sahayak) P.S. Case No. 292 of 2019 dated 01.05.2019 was registered under Sections 147, 148, 149, 341, 323 & 307 of the Indian Penal Code wherein Section 302 of the I.P.C. was subsequently added, at the instance of respondent no. 8. In this case (i) Shankar Kushwaha (petitioner no. 1) (ii) Nilu Singh (iii) Ritesh Kumar @ Guddu (petitioner no. 2) and other 10-15 unknown persons were made accused. The prosecution story is that on 01.05.2019 at about 12:30 noon while the informant was going for panchayati along with his friend Nurul Khan on Scorpio vehicle, the named accused persons stopped his vehicle and thereafter petitioner no. 1 dragged the driver namely Aakash Kushwaha @ Mittu and assaulted him with Bamboo on his head in which he fell down and seeing the apprehension he started fleeing but was caught and assaulted.

8. K. Hat (Sahayak) P.S. Case No. 293 of 2019 dated 01.05.2019 under Section 147, 148, 149, 341, 323, 332, 353, 427 and 435 of the Indian Penal Code was lodged by one Amit Kumar who was officer-in-charge of the police station. In this case altogether 13 named and 100-150 unknown persons were made accused. The petitioners are not named in this F.I.R.

9. FIR of K.Hat (Sahayak) P.S. Case No. 294 of 2019 was registered on 02.05.2019 in respect of the alleged occurrence which took place on 01.05.2019 at 12:30 P.M. at Badi Hat beside Laxmi Mandir. The F.I.R. was instituted under Sections 147, 148, 149, 341, 323, 325 & 307 of the Indian Penal Code. It is stated that vide order dated 08.05.2019 Section 302 I.P.C. was added. Informant of this case is one Suman Singh (respondent no. 9). The same informant is petitioner in Cr.W.J.C. No. 14/2021. In this case, there are three named accused including the two petitioners of this case and 10-15 unknown persons. As per prosecution story, on 01.05.2019 at 12:30 P.M. brother of the informant along with other were going for panchayati. It is alleged that named accused along with others stopped their car and Shankar Kushwaha (petitioner no. 1) and others assaulted the brother of the informant upon his head with Bamboo upon which he fell down. The others somehow managed to flee.

10. Since the present writ application is confined to the prayer of the petitioners to qua

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