Patna High Court - Orders
Kedarnath Prasad Bhagat @ Kedar Bhagat & ... vs State Of Bihar & Anr on 14 February, 2017
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23186 of 2016
Arising Out of PS.Case No. -273 Year- 2014 Thana -BHANGWANPUR HAT District- SIWAN
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Kedarnath Prasad Bhagat @ Kedar Bhagat & Ors
.... .... Petitioner/s
Versus
State of Bihar & Anr
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Md.Fahimuddin(App)
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
3 14-02-2017Show-cause has been filed on behalf of Mr. Ram Naresh Singh, Son of Ramayan Singh, presently posted as Assistant Sub-Inspector of Police in Raghunathpur Police Station in the district of Siwan. Ram Naresh Singh was Investigating Officer of Bhagwanpur Hat P.S. Case No.273 of 2014, a case under Sections 406, 498(A) of the Indian Penal Code. By order dated 30.08.2016, this Court while perusing the case diary found that statement of the father, mother, brother or any family members of the informant, who were the best witnesses to say that demand of dowry was made or not, was not recorded by the Investigating Officer. Hence show-cause notice was issued and accordingly, reply has been filed.
The submission is for acceptance of the show-cause on the ground that the charge-sheet was filed at the behest and 2 Patna High Court Cr.Misc. No.23186 of 2016 (3) dt.14-02-2017 2/3 pressure of the superior police officers hence, statement of those material witnesses could not be recorded. Para 13 to 16 of the show-cause are being reproduced below:-
"13. That the deponent was about to proceed to the Naihar of the informant next day for recording of the statement of father, mother and other family members of her Naihar, but he was engaged in other urgent works which required his presence in the police station and its area.
14. That in the mean time on 23.11.2014 after only 7 days of the institution of the F.I.R. the deponent was informed vide memo no. 4042 issued by S.P. Siwan that the present case will be supervised by the A.S.P. cum D.S.P. Maharajganj.
15. That A.S.P. Maharajganj has supervised the case on 26.11.2014 and found the investigation done by the present deponent satisfactory and concluded that on the present Investigation there are sufficient material and evidence for submission of charge sheet against all the accused persons under section 498(A), 406/34 I.P.C. and section 3 & 4 of the D.P. Act.
16. That the supervising Officer directed the deponent to take action under section 41(A) Cr.P.C. against the petitioner and also to record the statements of other witnesses."
The perusal of aforesaid paragraphs does not show that there was any obstacle from the superior police officers in getting the statement of the aforesaid persons recorded. The perusal of entire show-cause does not reveal that statement of the above person was ever recorded during investigation nor there is any explanation for non-recording of their statement. The Investigating Officer was apparently negligent in investigation of such a serious matter. He was casual and careless in examining such natural witnesses of the case. In my view the Investigating 3 Patna High Court Cr.Misc. No.23186 of 2016 (3) dt.14-02-2017 3/3 Officer does not deserve to be assigned such responsible work in future.
Let the Superintendent of Police, Siwan be informed to take appropriate action against the Investigating Officer. The show-cause accordingly, stands rejected.
Let fresh notices be issued to opposite party no.2 both through registered post with A/D as well as ordinary process, requisites etc. for which must be filed within a period of ten days failing which this application shall stand rejected as against opposite party no.2 without further reference to the Bench.
List this case after service of notice.
(Birendra Kumar, J.) S.Kumar/-
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