In a criminal writ petition, the Patna High Court observed that, as the investigation was pending awaiting the Viscera report from the Forensic Science Laboratory, no direction or order would be passed at that time. The petition is disposed of with a direction to police to take action upon receipt of the report.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.179 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- SITAMARHI
=========================================================== 1. Jitendra Rai, Son of Late Gansi Rai, Resident of Village- Siswa, P.S.- Parihar, District- Sitamarhi.
.... .... Petitioner/s
Versus
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Mritunjay Kumar, A.C. to S.C. 23.
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL JUDGMENT Date: 29-06-2016
The grievance of the petitioner is that the aforesaid respondents are not taking any action on the first information report lodged on the basis of the complaint filed by the petitioner bearing Parihar P.S. Case No. 134 of 2015 dated 03.08.2015 under sections 384 and 302 of the Indian Penal Code.
Patna High Court Cr. WJC No.179 of 2016 dt.29-06-2016
2
The investigation made by the Investigating Officer has found the case false but the matter has been kept pending awaiting report of the Viscera from the Forensic Science Laboratory.
Since the investigation is being carried out, I am not inclined to give any direction or pass order in the present case. On receipt of report of Viscera from the Forensic Science Laboratory the police will take appropriate action in the matter including submission of the report under section 173 of the Code of Criminal Procedure, 1973.
With the observation aforesaid, this writ petition is
disposed of.
(Hemant Gupta, J)
Amin/-
U
2 issues framed by the court
Whether directions should be issued to the police while investigation under section 173 Cr.P.C. is pending pending pending Viscera report.
Whether the petitioner is entitled to immediate relief regarding the false FIR lodged against him.
1 provisions across 1 enactments
Jitendra Rai
State of Bihar
Superintendent of Police, Sitamarhi
Sub-Divisional Police Officer, Sitamarhi Sadar
Officer In Charge Parihar Police Station
Jai Kishore Rai
Hemant Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
