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2026 Supreme(Pat) 141

IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA, J.
Ravi Singh S/o Shri Baban Singh – Appellant
Versus
The State of Bihar – Respondent
Criminal Writ Jurisdiction Case No. 1206 of 2024
Decided On : 19-01-2026

Advocates Appeared:
For the Appellant : Uday Prakash Shrarma
For the Respondent: Prashant Kumar

JUDGMENT :

ARUN KUMAR JHA, J.

1. As prayed for, learned counsel for the petitioner is directed to remove the defects pointed out by the office within one week.

2. Though, today the record has been put up under the heading ‘For Orders (On Office Notes)’ but with consent of the parties, I intend to dispose of this petition at this stage itself.

3. Heard learned counsels for the parties.

4. The present writ petition has been filed seeking following reliefs:-

“I. For issuance of an appropriate writ, order, direction in the nature of mandamus commanding and directing the respondent to make proper investigation in Pakridayal P.S. Case No.121 of 2016, specifically on the point whether mobile number 7301639195 on the basis of which the petitioner has been implicated in the case belongs to the petitioner or not.

II. For any other relief which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case”.

5. The learned counsel for the petitioner submits that the petitioner has filed an application under Section 156(3) of Cr.P.C. before the court of learned Additional Chief Judicial Magistrate-VIII, Motihari, East Champaran in connection with Pakaridayal P.S. Case No. 121/2016 with similar prayer. Prior to that the petitioner has made several representations to the police authorities, namely the DIG, West Champaran vide Memo No. 922/CR dated 27.02.2021, the DGP vide letter no. 2279XL dated 10.06.2022, letter no. 2958XL dated 14.07.2022 and letter no. 4523XL dated 20.10.2022 and also to the investigating officer and supervising authorities, but no proper investigation has been made. The learned counsel further submits that the present petition may be disposed of in the light of order dated 14.09.2022 passed by the learned Coordinate Bench in Cr.W.J.C. No.1072 of 2018 whereby and whereunder the learned Coordinate Bench in a writ petition filed for proper and fair investigating reiterated the guidelines issued in a batch of writ petitions with lead case being Cr.WJC No. 153 of 2017. The learned counsel further submits that the application filed before the learned Additional Chief Judicial Magistrate-VIII, Motihari, East Champaran is still pending, though it has been filed on 11.07.2023.

6. Perused the record.

7. The learned Coordinate Bench while disposing of the Cr.WJC No.153 of 2017 along with other analogous cases, vide order dated 09.09.2022, issued following directions in paragraphs 10 :

“(I) In the cases where the investigation of the case is still pending, the concerned writ petitioner/an aggrieved person (hereinafter referred to as the ‘writ petitioner’ or ‘an aggrieved person’) may file an appropriate application before the Senior Superintendent of Police/Superintendent of Police of the concerned district drawing his attention towards the pending investigation. The aggrieved person shall submit his stand by way of an application with all supporting materials in the office of Senior Superintendent of Police/Superintendent of Police or send the same through registered post/speed post/email, as the case may be. A copy of the same shall also be sent to the investigating officer of the case.

(II) On receipt of such application from the aggrieved person, the Senior Superintendent of Police/Superintendent of Police shall himself supervise the said case within a period of two weeks, wherever necessary he shall give a chance of hearing to the aggrieved person and all endeavours be made to consider the submissions as well as the materials produced before him.

(III) The Senior Superintendent of Police/Superintendent of Police shall issue necessary instructions to any other supervising authority such as Dy. S.P. and also to the I.Os. of the case to complete the investigation from all angles within a reasonable period. What will be the reasonable period will depend upon the nature of the case and the kind of materials which are required to be dealt with. It is to be kept in mind that only because the Criminal Procedure Code does not

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