Devendra Prasad Yadav @ D. P. Yadav vs The State Of Bihar Through The ... on 15 December, 2023

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Patna High Court - Orders

Devendra Prasad Yadav @ D. P. Yadav vs The State Of Bihar Through The ... on 15 December, 2023

Bench: Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.1206 of 2023
                       Arising Out of PS. Case No.-467 Year-2020 Thana- KHAIRA District- Jamui
                 ======================================================
                 Devendra Prasad Yadav @ D. P. Yadav, Son of Late Sukhdev Yadav, Resident
                 of - Village Darima P.S. Khaira District Jamui

                                                                                    ... ... Petitioner
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Home
                 Department, Government of Bihar, Patna.
           2.    The Director General of Police, Bihar Police, Patna
           3.    The Inspector General of Police, Munger Range, Munger
           4.    The Deputy Inspector General of Police, Munger Range, Munger
           5.    The Superintendent of Police, Jamui
           6.    The Station House Officer, Khaira, PS, District- Jamui

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        None
                 For the Respondent/s   :        Mr. Deepak Kumar, AC to G.P.-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

2   15-12-2023

No one appears for the petitioner, learned A.C. to learned G.P.-4 for the State is present.

2. This writ application has been filed seeking a direction to the respondent police authorities to conduct proper investigation in Khaira P.S. Case No. 467 of 2020 dated 02.11.2020 registered for the offences under Sections 147, 148, 149, 323, 376, 511, 379, 302 and 120B of the Indian Penal Code. It is his submission that his plea of alibi be properly examined by the Investigating Officer.

3. A counter affidavit has been filed on behalf of the Patna High Court CR. WJC No.1206 of 2023(2) dt.15-12-2023 2/2 State, copy of the same has already been served upon learned counsel for the petitioner long back. There is no response to the same.

4. From the counter affidavit it appears that in this case the petitioner has been declared absconder. Process under Sections 82 and 83 Cr.P.C. has been exhausted against him and a Charge-sheet No. 466 of 2022 stands filed showing him absconder. Learned counsel for the State submits that charge- sheet has been filed on the basis of the materials collected from independent sources in course of investigation, hence a proper and fair investigation has been conducted.

5. Having regard to the materials placed before this Court, this being a case in which after investigation Police has already submitted a charge-sheet and the petitioner is absconding, this Court finds no reason to proceed with the writ application. It is dismissed.

(Rajeev Ranjan Prasad, J) Rishi/-

U         T

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Patna High Court - Orders