Disposed

Guddi Devi @ Gudi Devi v. The State of Bihar through the Additional Chief Secretary, Department of HOme, Govt. of Bihar, Patn

Patna HC15 Dec 2023CR. WJC/1207/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought directions for completing an investigation into alleged criminal offences. The High Court directed the Superintendent of Police to review the case, ensure fair investigation, and submit a police report within a reasonable period.

What did the court decide?

Directed the Superintendent of Police, Sitamarhi to review the case, ensure proper fair investigation within a reasonable period, address petitioner's grievance, and submit police report to the Magist

Guddi Devi @ Gudi Devi Vs The State of… — Constitutional and Fundamental Rights | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1207 of 2023

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Arising Out of PS. Case No.-99 Year-2023 Thana- BARGAINIA District- Sitamarhi

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

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Guddi Devi @ Gudi Devi wife of Sudhish Mahto Village- Sinduriya PSBairganiya Dist- Sitamarhi

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... ... Petitioner

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Versus

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

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The Additional Chief Secretary, Department of Home, Govt. of Bihar, Patna

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The Director General of Police, Bihar, Patna

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The Inspector General of Police (Administration), Bihar, Patna

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The Regional Inspector General of Police, Tirhut Region at Muzaffarpur, Dist- Muzaffarpur

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The Deputy Inspector General of Police, Muzaffarpur Range, Muzaffarpur

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The Collector Cum District Magistrate, Sitamarhi

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The Superintendent of Police, Sitamarhi

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The Sub-Divisional Police Officer, Sadar, Sitamarhi

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The Station House Officer, Bairganiy P.S., District-Sitamarhi

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Upendra Kumar SI Bairganiya PS Cum The Investigation Officer (IO) Bairganiya PS Case No- 99/2023

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Ramashish Ray, son of Late Rupan Ray Village- Sinduriya PS- Bairganiya Dist- Sitamarhi

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Dipankar Chaudhary @ Guddu Son of Late Sheo Narayan Chaudhary Village- Sinduriya PS- Bairganiya Dist- Sitamarhi

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Krishnandan Prasad son of Baidyanath Chaudhary Village- Sinduriya PSBairganiya Dist- Sitamarhi

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Sri Ram Chaudhary son of Ramlagan Chaudhary Village- Sinduriya PSBairganiya Dist- Sitamarhi

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... ... Respondents

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

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Appearance : For the Petitioner/s : Mr. Suresh Prasad Bhakta, Advocate For the Respondent/s : Mr. Anil Kumar, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 15-12-2023 Heard learned counsel for the petitioner and learned

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counsel for the State.

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2 . Petitioner in the present case is seeking the

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Patna High Court CR. WJC No.1207 of 2023(2) dt.15-12-2023 2/3

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following reliefs:-

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“(i) For issuance of appropriate writ/order/direction commanding the State of Bihar and its authorities particularly respondent no. 10 and 11 to complete and conclude the investigation in accordance with law as well as under the provisions of Code of Criminal Procedure of Bairganiya P.S. Case No. 99 of 2023 dated 11.04.2023 registered for the offences under Sections 448/376B, 506/34 of the Indian Penal Code.

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(ii) For issuance of appropriate writ/direction/order commanding the respondent authorities to take coercive steps against the private respondents in accordance with law as well as under provisions of Cr.P.C.

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(iii) For issuance of any appropriate writ/order/direction for which the petitioner will be found entitled in the facts and circumstances of the case.”

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3 . Learned counsel for the petitioner submits that the accused persons in this case came to the house of the petitioner on 16.05.2023 and assaulted the husband of the petitioner due to which he sustained injuries. It is submitted that the occurrence was reported to the Superintendent of Police, Sitamarhi but nothing has been done by now. Prior to this occurrence, the petitioner had lodged Bairganiya P.S. Case No. 99 of 2023 dated 11.04.2023 alleging the offences under Sections 448/376D, 506/34 of the Indian Penal Code.

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4 . Learned counsel submits that the accused persons in this case are notorious criminals of the locality and there are

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Patna High Court CR. WJC No.1207 of 2023(2) dt.15-12-2023 3/3

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near about twenty three criminal cases pending against the accused persons, but the Police is not taking any action against them.

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5 . On the other hand, State has filed a counter affidavit and this Court has been informed that the case is being properly investigated. Some statements with regard to what have transpired in course of investigation have been made in the counter affidavit, however, this Court is of the opinion that those materials are not required to be disclosed in the order. At this stage, this Court would direct the Superintendent of Police Sitamarhi to keep on reviewing the case and all endeavours be made to conduct a proper and fair investigation in the matter within a reasonable period. Upon completion of investigation, a Police report be submitted in the court of learned jurisdictional Magistrate, at the earliest. The Superintendent of Police, Sitamarhi shall also look into the grievance of the petitioner and shall ensure that the information furnished by the petitioner with regard to the alleged occurrence be properly investigated.

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6 . This application stands disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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Rishi/-

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U T

Guddi Devi @ Gudi Devi v. The State of Bihar through the Additional Chief Secretary, Department of HOme, Govt. of Bihar, Patn

Case brief

What is this about?

What did the court decide?

Guddi Devi @ Gudi Devi v. The State of Bihar through the Additional Chief Secretary, Department of HOme, Govt. of Bihar, Patn

Case brief

What is this about?

What did the court decide?

What the court decided

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