Disposed

Shrawan Chaudhary v. the State of Bihar through Principal Secretary, Department of Home, Bihar, Patna.

Patna HC18 Nov 2019CR. WJC/1515/2019

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed regarding inaction in an investigation of a wife's abduction, rape, and murder. The court directed the 1st Additional District and Sessions Judge-cum-Special Judge to dispose of a pending application by a special judge on its own merits.

What did the court decide?

Writ petition disposed of with direction to the Special Judge to dispose of the pending application dated 13.06.2019 on its own merit.

Shrawan Chaudhary Vs the State of Bihar… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1515 of 2019

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Arising Out of PS. Case No.-35 Year-2019 Thana- NAGARNAUSA District- Nalanda

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======================================================

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SHRAWAN CHAUDHARY Son of Radheshyam Chaudhary Resident of Village - Baldha, P.S.- Nagarnausa, District - Nalanda.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME, BIHAR, PATNA. Bihar

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The Director General of Police, Bihar, Patna. Bihar

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The Deputy Inspector of Police, Central Zone, Patna. Bihar

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The Superintendent of Police, Nalanda. Bihar

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The S.H.O., Nagarnausa Police Station, District - Nalanda. Bihar

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The S.H.O. SC/ST Police Station, Nalanda at Biharsharif. Bihar

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Bhola Prasad Mr.Mukesh Kumar Jha For the State Mr. Ruchikar Jha,AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

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ORAL JUDGMENT

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18-11-2019

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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The present writ petition has been filed “ for direction to the respondents police official to make proper and fresh investigation in Nagarnausa P.S.Case No. 35 of 2019 instituted for offence u/s 363, 365, 504, 506 and 34 of I.P.C. and Section 3(i) of SC/ST Act, later on Section 302/201 of I.P.C. was also added and take necessary action against the F.I.R. named accused persons and conclude the investigation within reasonable period and submit final report.”

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Learned counsel for the petitioner states that the petitioner's wife Subidha Devi had been kidnapped by the FIR

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Patna High Court CR. WJC No.1515 of 2019 dt.18-11-2019 2/2

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accused persons and subsequently raped and killed. In this connection, an FIR in Nagarnausa P.S.Case No. 35 of 2019 was instituted, but the police have become inactive and are not conducting the investigation in this case in a fair and proper manner. An application in this regard has also been filed before the court of 1^st Additional District and Sessions Judge-cumSpecial Judge, SC/ST Act, Nalanda at Biharsharif on 13.06.2019 (page 25 of the petition).

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Having heard the parties and on consideration of the materials on record, this Court is of the view that the ends of justice will be met by directing the 1^st Additional District and Sessions Judge-cum-Special Judge, SC/ST Act, Nalanda at Biharsharif to consider and dispose of the aforesaid application dated 13.06.2019, if pending, on its own merit and in accordance with law.

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The writ petition stands disposed of as above.

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(Vikash Jain, J)

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HR/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	21. 11.2019
Transmission Date	21. 11.2019

Shrawan Chaudhary v. the State of Bihar through Principal Secretary, Department of Home, Bihar, Patna.

Case brief

What is this about?

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Shrawan Chaudhary v. the State of Bihar through Principal Secretary, Department of Home, Bihar, Patna.

Case brief

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What did the court decide?

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