Patna High Court - Orders
Manoj Singh vs The State Of Bihar Through The Chief ... on 2 December, 2022
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
Criminal Writ Jurisdiction Case No.1334 of 2022
Arising Out of PS. Case No.-292 Year-2022 Thana- RAFIGANJ District- Aurangabad
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Manoj Singh S/O Saryu Singh R/O Village- Bibipur, P.S- Rafiganj, District-
Aurangabad, Bihar ... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
Bihar
2. The Dept. of Home through its Principal Secretary, Government of Bihar,
Patna Bihar
3. The Director General of Police, Bihar Bihar
4. The Inspector General of Police, Magadh Division, Gaya Bihar
5. The Superintendent of Police, Aurangabad Bihar
6. The Officer-in-Charge of Rafiganj, Police Station, Aurangabad Bihar
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Ravindra Kumar, Advocate
For the Respondent/s : Mr.M. Nasrul Huda Khan, SC-1
For the Informant : Mr. Siddharth Harsh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
2 02-12-2022Heard learned counsel for the petitioner, Mr. N.H. Khan, learned SC-1 for the State and Mr. Siddharth Harsh, learned counsel who has entered appearance on behalf of the informant.
This writ application has been filed seeking a proper and fair investigation of Rafiganj P.S. Case No. 292/2022 registered under Sections 147, 148, 149, 341, 323, 307, 448, 354, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the entire family members of the petitioner have been made accused in this case on false and flimsy allegations and even the persons who were living outside the State of Bihar in connection with their job Patna High Court CR. WJC No.1334 of 2022(2) dt.02-12-2022 2/6 have also been implicated in this case.
Mr. Siddharth Harsh, learned counsel representing the informant submits that in fact police is in collusion with the accused and that is why the main accused of the case who had fired has been granted default bail. Learned counsel submits that the informant has also filed a writ application which has not been duly registered by now and he is also looking for proper and fair investigation of the case.
Learned counsel for the State is present and does not oppose the kind of prayer made in the writ application.
Having regard to the entire facts and circumstances of the case, this Court finds that both the petitioner as well as the informant are on the same page. They are looking for proper investigation of the case in question. This Court has, in order to ensure proper investigation of a case issued certain directions vide its order dated 09.09.2022 passed in Cr.W.J.C No. 153 of 2017 (Surendra Singh versus the State of Bihar and Ors.) and other analogous cases. The directions issued in the said case 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 Patna High Court CR. WJC No.1334 of 2022(2) dt.02-12-2022 3/6 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 provide for maximum limit within which an investigation is to be completed, it does not mean that the investigation is to be kept pending for decades. There are many judicial pronouncements of the Hon'ble Supreme Court in which the prosecution has been quashed because the investigating agency failed to complete the investigation of the case despite lapse of several years. Undue delay in completion of investigation erodes public faith and confidence in the investigating agency.
(IV) Upon receipt of a request/application /representation from a person connected with the case and aggrieved by and dissatisfied with the investigation alleging improper investigation, complaints of threat to him or his family or the Patna High Court CR. WJC No.1334 of 2022(2) dt.02-12-2022 4/6 witnesses by his opponents, accused or his associates, it is the Sr. Superintendent of Police/Superintendent of Police of the concerned district and the Station House Officer of the concerned police station as well as the I.O. of the case who would be duty bound to enter or caused to be entered the information in the station diary of the police station and examine or caused to be examined the threat perception of the informant and/or his family members/witnesses and take appropriate steps at the earliest, in the cases where threat perceptions are found to be genuine, they would take immediate measures to protect the life of the person(s) under threat. Delay in examining the request/representation leading to any serious consequences shall in itself be a matter of enquiry and action against the erring police officials.
(V) As regards the grievance that accused persons are not being arrested in cases involving serious and heinous offences the Senior Superintendent of Police/Superintendent of Police/Investigating Officer shall take appropriate steps keeping in view the law and judgments of the Hon'ble Apex Court on the subject. In the matter of absconding accused the I.O. must take immediate steps to arrest him and exhaust all other procedures in accordance with law with utmost expedition.
(VI) This Court has already reproduced the extracts from judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu (supra). In the light of the said judgment, this Court directs that in all these cases the learned Magistrate(s) in whose court the case is pending, shall, without seeking any application from the informant monitor the investigation. They are fully competent to take a view as to whether a proper investigation is taking place or not. Learned Magistrates are expected to exercise their powers under Section 156(3) Cr.P.C. to ensure that investigation of the case pending before the Patna High Court CR. WJC No.1334 of 2022(2) dt.02-12-2022 5/6 learned Magistrate is duly investigated. If it is found that the Investigating Officer is not proceeding with the investigation expeditiously and is keeping the same pending without rhyme or reason and in the opinion of the learned Magistrate it is found to be a case of inaction on the part of the Investigating Officer, the learned Magistrate would be well within his powers to direct the Senior Superintendent of Police/Superintendent of Police to change the Investigating Officer, to supervise the case himself by the Senior Superintendent of Police/Superintendent of Police and to take appropriate measures in accordance with law.
While exercising his power under Section 156(3) Cr.P.C., the learned Magistrate shall definitely monitor the investigation, though he cannot investigate the case himself and will not act as supervisory authority but it is certainly within his domain to ensure that the investigation is done properly and for this purpose without interfering with the power of the Investigating Officer or the Supervising Authority to conduct an investigation, the learned Magistrate may issue appropriate directions which in his opinion is required for conduct of proper investigation. What would be the nature of such direction(s) in a given case cannot be put in a straight jacket formula and it is for the learned Magistrate to look into this aspect of the matter on case to case basis. An application filed by an aggrieved person with prior service of copy upon the learned Public Prosecutor/A.P.P. seeking directions for proper investigation must be heard expeditiously and the same be disposed of within a period of 30 days from the date on which such application is moved before the learned Magistrate on the first date. If the learned Magistrate fails to exercise his power under Section 156(3) Cr.P.C. either on his own or on filing of the application by the aggrieved person, an appropriate application may be brought before this Court for an order/direction Patna High Court CR. WJC No.1334 of 2022(2) dt.02-12-2022 6/6 and monitoring as the case may be.
(VII) If any of the directions issued by the learned Magistrate in accordance with the order of this Court as stated above to the Senior Superintendent of Police/Superintendent of Police/investigating officer, unless otherwise interfered with by a competent court of law, is not given effect to by the concerned authorities, it will be taken to be a case of contempt of this Court and the learned Magistrate may inform this Court as regards the willful disobedience or disregard shown to the order/orders, direction/directions issued by him in terms of this judgment. In such circumstance an aggrieved person may also file an application seeking initiation of contempt.
(VIII) All the stake-holders in the present writ applications shall act accordingly. A copy of this order be sent to the Director General of Police, Bihar to enable him to issue necessary instructions at the earliest."
In the nature of the submissions advanced on behalf of the parties, this Court is of the considered opinion that the Superintendent of Police, Aurangabad (Respondent No. 5) as well as competent court under whose jurisdiction the case is pending shall properly investigate and monitor respectively the present case keeping in view the aforesaid directions.
This writ application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J) ishika/-
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