IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM THE RESIDENTIAL OFFICE VIA VIDEO APPLICATION)

Criminal Writ Jurisdiction Case No.459 of 2022

Arising Out of PS. Case No.-2 Year-2022 Thana- MAHARAJGANJ District- Siwan

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KUSUM DEVI W/o Jayprakash Sharma, Resident of Village - Madho Pur,

P.S.- Maharajganj, Distt.- Siwan.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Bihar Patna.

2.

The Principle Secretary, Home Deptt. Bihar, Patna.

3.

The Director General Of Police, Bihar, Patna.

4.

The Joint Secretary , Home Deptt. , Bihar, Patna.

5.

The Special secretary, Home Deptt. Bihar, Patna.

6.

The Secretary, Home Deptt. Bihar, Patna.

7.

The Inspector General of Police, Patna.

8.

The Deputy Inspector General of police, Chapra.

9.

The Distt. Majistrate Siwan.

10.

The Superintendent of Police, Siwan

11.

The Deputy Superintendent of Police, Siwan.

12.

The Police Inspector, Maharajganj, Siwan.

13.

The Station Head Officer, P.S. Maharajganj, Siwan.

14.

The Investigating offier Maharajganj, P.S. case no.22 of 2022

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr.Amrendra Kumar, Advocate

For the Respondent/s

:

Mr.Ruchikar Jha, AC to SC-8

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

14-10-2022

Learned counsel for the petitioner shall remove all

S.R. defects within four weeks from today.

Mr. Amrendra Kumar, learned counsel for the

petitioner and Mr. Ruchikar Jha, learned AC to SC-8 for the

State have jointly submitted that the reliefs prayed in this writ

application may be considered by the competent authority /court

Patna High Court CR. WJC No.459 of 2022(2) dt.14-10-2022

2/6

as the case may be keeping in view the directions of this court

as contained in order dated 09.09.2022 passed in Cr.W.J.C. No.

153 of 2017 and other analogous matters.

This writ application is, therefore, being disposed of

in terms of the directions contained in order dated 09.09.2022

passed in Cr.W.J.C. No. 153 of 2017 and other analogous

matters. Those directions are being reproduced hereunder:-

“(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/

Patna High Court CR. WJC No.459 of 2022(2) dt.14-10-2022

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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 provide for maximum limit

within which an investi