IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1208 of 2021

Arising Out of PS. Case No.-119 Year-2020 Thana- MOHAMMADPUR District- Gopalganj

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Shri Abhay Kant Mishra S/O Shri Narendra Mishra R/O-230/A, SSP

Complex, Jain Nagar, Rohini, Sector-22, P.S-Begumpur, New Delhi.

... ... Petitioner

Versus

1.

The State of Bihar through Home Secretary, Home Deptt., Govt. of Bihar

Patna.

2.

The Director General of Police, Govt. of Bihar, Patna.

3.

The District Magistrate, Gopalganj.

4.

The Superintendent of Police, Gopalganj.

5.

The Deputy Superintendent of Police, Gopalganj.

6.

Mithlesh Kumar Pandey, SHO, Mohammadpur P.S, Gopalganj.

7.

Janardan Ram (ASI) Investigating Officer of this Case FIR No.119/2020

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr. Abhishek Kumar, Advocate

For the Respondent/s

:

Mr. Saroj Kumar Sharma, AC to AAG-3

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

4

17-11-2022

After hearing learned counsel for the petitioner on

27.09.2022, this Court passed the following order:-

“Learned counsel for the petitioner submits that in

this case after lodging of the First Information Report,

police conducted the investigation and final closure report

was drawn and submitted in the court. Learned counsel is,

however not aware as to whether the said final form has

been accepted by the learned court below. The submission

of learned counsel for the petitioner is that the Assistant

Registrar (Law) has vide his communication contained in

Annexure-11 to the writ application dated 28.06.2021

called upon the Director General of Police, Bihar to get the

matter investigated by CB-CID of the State which would

also examine contention of the complainant regarding

failure on part of police to register FIR despite offence

being cognizable in nature and submit action taken report

within six weeks. It is submitted that despite the said

communication no action taken report has been sent to the

National Human Rights Commission.

Mr. Saroj Kumar Sharma, learned AC to AAG-3

submits that once the police has submitted a closure report,

Patna High Court CR. WJC No.1208 of 2021(4) dt.17-11-2022

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it is for the competent court to accept or not to accept the

same and at this stage an opportunity of hearing is to be

given to the informant. It is submitted that the National

Human Rights Commission cannot issue a direction which

virtually amounts to directing re-investigation of the case.

Such powers are only vested with the Constitutional

Courts. It is, thus, his submission that State may be

granted time to file a counter affidavit.

List this matter on 02.11.2022.

In the meantime, the State shall file its counter

affidavit.

The petitioner shall also file a supplementary

affidavit stating clearly as to whether the final closure

report has been accepted in the learned court below after

giving him an opportunity of hearing.

List accordingly.”

Today, office notes says that the SR defects dated

22.10.2021 has not been removed as yet and further that

supplementary affidavit has not been filed as per computer

verification in view of the order dated 27.09.2022.

Mr. Abhishek Kumar, learned Proxy counsel for the

petitioner prays for adjournment to give him some more time to

remove the defects. No plausible reason has been shown to this

Court as to why the order of this Court passed on 27.09.2022 has

not been complied with.

Mr. Saroj Kumar Sharma, AC to AAG-3 for the State

once again submits that in this case, the investigation is over and

police has submitted its report in the learned court below. It is his

submission that under the statutory scheme of the Code of

Criminal Procedure, the petitioner has got his remedy before the

competent court, th