Writ petition seeking direction for further investigation of DSP case where police reported death as mistake of fact. Court held no sufficient grounds for further probe and dismissed application.
Writ petition seeking direction for further investigation is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.665 of 2017
Arising Out of PS. Case No.-38 Year-2013 Thana- JANTA BAZAR District- Saran
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Umravati Devi Wife of Lal Deep Kunwar, resident of Village- Ballau, P.S.Maharajganj, District- Siwan.
... ... Petitioner
Versus
... ... Respondents
====================================================== Appearance : For the Petitioner : Mr.Vipin Kumar, Advocate For the Respondent-State: Mr.Manish Kumar, GP4
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT
Date : 28-08-2019
Heard learned counsel for the petitioner and learned counsel for the State.
Patna High Court CR. WJC No.665 of 2017 dt.28-08-2019 2/7
38 of 2013 did not investigate the case with full sensitivity and commitment. He conducted the investigation in an arbitrary manner and submitted a collusive report under Section 173 of the Code of Criminal Procedure (for short ‘CrPC’) before the Court. During pendency of the investigation, the petitioner suspected that the investigation was not being made in a fair and impartial manner as such, he filed a complaint in the nature of protest in the aforesaid police case. Ultimately, his apprehension proved right and the police submitted final report holding the case to be ‘mistake of fact’.
Patna High Court CR. WJC No.665 of 2017 dt.28-08-2019 3/7
dated 04.12.2014 passed by the learned SDJM, Chhapra in Complaint Case No. 796 of 2014 was upheld.
Patna High Court CR. WJC No.665 of 2017 dt.28-08-2019 4/7
of death may be ascertained and the persons responsible for causing death may be booked and put on trial.
Patna High Court CR. WJC No.665 of 2017 dt.28-08-2019 5/7
Patna High Court CR. WJC No.665 of 2017 dt.28-08-2019 6/7
Patna High Court CR. WJC No.665 of 2017 dt.28-08-2019 7/7
under Section 173(2) of the CrPC has been forwarded to the Magistrate only after the Officer-in-Charge of the Police Station obtains further evidence oral or documentary. It is not the case of the petitioner that after the investigation was completed, any further evidence has transpired as a result of which there would be no justification for issuance of any direction for further investigation of the case.
(Ashwani Kumar Singh, J)
kanchan/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 02.09.2019 |
| Transmission Date | 02.09.2019 |
2 issues framed by the court
Whether sufficient grounds exist for directing the police to conduct further investigation after filing of the final report?
Whether a Final Form No. 104 holding a case as mistake of facts precludes judicial direction for further inquiry?
3 provisions across 2 enactments
UMRAVATI DEVI
STATE OF BIHAR
DIRECTOR GENERAL OF POLICE BIHAR
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
