Dismissed

State Bank Of India v. State Of Bihar Through The Superintendent Of Police, Patna and Ors.

Patna HC28 Jan 2016CR. WJC/385/2015

Case brief

AI extract

What is this about?

In an application under Articles 226 and 227 of the Constitution, the petitioner sought a direction to transfer the investigation of a case registered under the IPC and NI Act to the CBI. The court noted the investigation was completed and a charge sheet was filed. It dismissed the application as devoid of merit, stating the petitioner has remedies before the trial court.

What did the court decide?

The petition was dismissed as devoid of merit since the investigation was concluded and a charge sheet filed.

State Bank Of India Vs State Of Bihar Through The… — Criminal Trial and Appeal | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.385 of 2015

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====================================================== State Bank Of India, SME, Boring Road Branch , Narain House, Nageshwar Colony, Boring Road, Patna through the Asst. General Manager, Shri Rajesh Kumar Sinha. .... .... Petitioner Versus 1. State of Bihar through the Superintendent of Police, Patna. 2. M/S Singh Travels Pvt. Ltd., Kankarbagh Old Bye Pass Road, P.S.Kankarbagh, District- Patna, through its Director- Sri Sanjeev Kumar Singh 3. Sri Sanjeev Kumar Singh S/o Late Baidya Nath Prasad Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 4. Shri Bhubeneshwar Prasad Singh S/o Late Arvind Kumar Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 5. Shri Tarkeshwer Prasad Singh S/o Late Arvind Kumar Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 6. Shri Jagannath Prasad Singh S/o Late Arvind Kumar Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 7. Shri Smt. Sushila Singh W/o Late Baidya Nath Prasad Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 8. Shri Rajeev Kumar Prasad Singh S/o Late Baidya Nath Prasad Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 9. Shri Ranvijay Singh S/o Late Baidya Nath Prasad Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 10. Shri Sanjay Kumar Singh S/o Late Baidya Nath Prasad Singh, R/o Bihari Sao Lance, Muradpur, P.S.- Pirbahore, District- Patna 11. M/S Samrat Authomoniles Pvt. Ltd. At Indira Gandhi Raj Marg, Patna - 800 007 through its Direcotr – Shri Sanjay Kumar Singh, S/o Late Baidya Nath Prasad Singh 12. M/S Raj Enterprises Near Koti Dharmkanta, Kichcha Road, Gagwara, Udham Singh Nagar, Uttrakhand , through its Partner/ Proprietor. 13. The Central Bureau of Investigation Office of the Head of Branch & DIG of Police, CBI, Anti- Corruption Branch, Dr. S.K. Singh Path, Bailey Road, Patna through the Head of Branch & DIG CBI/ACB/Patna. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Kaushlendra Kumar Sinha, Advocate For the Respondent/s : Mr. Gp21-Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 28-01-2016 By way of the present application preferred under Articles 226 and 227 of the Constitution of India,

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Patna High Court Cr. WJC No.385 of 2015 (2) dt.28-01-2016

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the petitioner seeks a direction to be issued to the respondents to hand over the investigation of Budha Colony P.S. Case No.175 of 2012 dated 14^th December, 2012 registered under Sections 406, 420 read with 34 and 120B of the Indian Penal Code to the Central Bureau of Investigation.

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At the outset, it has been submitted by the learned counsel for the State that after completion of investigation, the police have already submitted their report under Section 173(2) of the Code of Criminal Procedure in the court of jurisdictional Magistrate vide Charge Sheet No.42 of 2015 dated 16.3.2015 and the learned Magistrate has summoned the accused persons after taking cognizance of the offences punishable under Sections 420, 406 read with 34 and 120B of the Indian Penal Code as well as 138 of the Negotiable Instruments Act, 1881.

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In view of the developments which took place during pendency of the application, in my opinion, no relief can be granted to the petitioner. In case, the petitioner is not satisfied with the investigation of the case, it has its remedy before the Magistrate concerned.

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Patna High Court Cr. WJC No.385 of 2015 (2) dt.28-01-2016

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In that view of the matter, the application,

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being devoid of any merit, is hereby dismissed.

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(Ashwani Kumar Singh, J)

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N.H./-
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State Bank Of India v. State Of Bihar Through The Superintendent Of Police, Patna and Ors.

Case brief

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State Bank Of India v. State Of Bihar Through The Superintendent Of Police, Patna and Ors.

Case brief

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