Dismissed

Devendra Prasad Yadav @ D. P. Yadav v. the State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar

Patna HC15 Dec 2023CR. WJC/1206/2023

Case brief

AI extract

What is this about?

Petitioner sought direction for proper investigation of charges against him including examination of his alibi plea. State reported charge-sheet already filed with petitioner absconding after Sections 82/83 CrPC process. Court found no reason to proceed and dismissed the writ application.

What the court decided

AI extract

Devendra Prasad Yadav @ D. P. Yadav Vs the State of Bihar… — Quashing and FIR | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1206 of 2023

¶2

Arising Out of PS. Case No.-467 Year-2020 Thana- KHAIRA District- Jamui

¶3

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

¶4

Devendra Prasad Yadav @ D. P. Yadav, Son of Late Sukhdev Yadav, Resident of - Village Darima P.S. Khaira District Jamui

¶5

... ... Petitioner

¶6

Versus

¶7

The State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar, Patna.

¶8

The Director General of Police, Bihar Police, Patna

¶9

The Inspector General of Police, Munger Range, Munger

¶10

The Deputy Inspector General of Police, Munger Range, Munger

¶11

The Superintendent of Police, Jamui

¶12

The Station House Officer, Khaira, PS, District- Jamui

¶13

... ... Respondents

¶14

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

¶15

Appearance :

¶16

For the Petitioner/s : None For the Respondent/s : Mr. Deepak Kumar, AC to G.P.-4 ======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶18

2 15-12-2023

¶19

No one appears for the petitioner, learned A.C. to learned G.P.-4 for the State is present.

¶20

2 . This writ application has been filed seeking a direction to the respondent police authorities to conduct proper investigation in Khaira P.S. Case No. 467 of 2020 dated 02.11.2020 registered for the offences under Sections 147, 148, 149, 323, 376, 511, 379, 302 and 120B of the Indian Penal Code. It is his submission that his plea of alibi be properly examined by the Investigating Officer.

¶21

3 . A counter affidavit has been filed on behalf of the

¶22

Patna High Court CR. WJC No.1206 of 2023(2) dt.15-12-2023 2/2

¶23

State, copy of the same has already been served upon learned counsel for the petitioner long back. There is no response to the same.

¶24

4 . From the counter affidavit it appears that in this case the petitioner has been declared absconder. Process under Sections 82 and 83 Cr.P.C. has been exhausted against him and a Charge-sheet No. 466 of 2022 stands filed showing him absconder. Learned counsel for the State submits that chargesheet has been filed on the basis of the materials collected from independent sources in course of investigation, hence a proper and fair investigation has been conducted.

¶25

5 . Having regard to the materials placed before this Court, this being a case in which after investigation Police has already submitted a charge-sheet and the petitioner is absconding, this Court finds no reason to proceed with the writ application. It is dismissed.

¶26

(Rajeev Ranjan Prasad, J)

¶27

Rishi/-

¶28

U T

Devendra Prasad Yadav @ D. P. Yadav v. the State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar

Case brief

What is this about?

What the court decided

Devendra Prasad Yadav @ D. P. Yadav v. the State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Sahabuddin Vs The State of Bihar through the Home Secretary, Old Secretariat, Govt. of Bihar Patna

Jyoti Kumari Vs The State of Bihar

Dipo Kumari Vs the State of Bihar through Director General of Police, Bihar, Patna

Rajeshwar Yadav Vs the State of Bihar through the Additional Chief Secretary Dept. of Mines and Minerals Govt. of Biha

Ramendu Kumar Vs The State of Bihar

Kotak Mahindra Bank Limited Vs The State of Bihar through Principal Secretary, Home Department, Govt. of Bihar