Patna High Court – Orders
Sunil Kumar vs The State Of Bihar Through The Director … on 16 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1397 of 2024
Arising Out of PS. Case No.-46 Year-2024 Thana- PAROO District- Muzaffarpur
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Sunil Kumar Son of Baleshwar Yadav Resident of Village - Hirapur, P.S. -
Paroo, District - Muzaffarpur - 843122
... ... Petitioner/s
Versus
1. The State of Bihar through The Director General of Police, Govt. of Bihar
Sardar Patel Bhawan, Jawaharlal Nehru Marg, Patna - 800023
2. The Inspector General of Police, Tirhut Division, Company Bagh Road,
Muzaffarpur Head Office Muzaffarpur - 842001
3. The Deputy Superintendent of Police (West), Company Bagh Road,
Muzaffarpur, Bihar 842001 Bihar
4. Inspector-In-Charge of Paroo P.S., Paroo Police Station, Muzaffarpur -
843122 Bihar
5. The Station House Officer, Paroo Police Station, Muzaffarpur - 843122
Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mrs. Nivedita Nirvikar, Sr. Advocate
Ms. Supragya, Advocate
Mrs. Shashi Priya, Advocate
Mr. Arya Achint, Advocate
Mrs. Asmita Bharti, Advocate
For the Respondent/s : Mr. P.K. Shahi, Advocate General
Mr. Manoj Kumar Ambastha-S.C 26
Mr. Tripurari Nath Ambastha, AC to SC-26
Mr. Santosh Kumar Mishra, AC to SC-26
Mr. Divit Vinod, AC to SC-26
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
6 16-01-2025
The informant of Paroo P.S. Case No.46 of 2024 dated
15.02.2024 under Sections 147, 148, 149, 302, 427, 120B, 504,
506 I.P.C. and Section 27 of the Arms Act has approached this
Court under constitutional writ jurisdiction for the following
reliefs:-
i. For a direction upon the State
Patna High Court CR. WJC No.1397 of 2024(6) dt.16-01-2025
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impartial investigation in connection with Paroo
P.S. Case No.46 /2024 dated 15.02.2024 for
murder of the petitioner’s brother and nephew.
ii. For a direction upon Investigating
Officer to hold scientific investigation
expeditiously by examining the CCTV footage
from cameras fixed at Petitioner’s shop and
nearby areas and post-mortem report.
iii. For a direction upon the
Respondent to take appropriate action against
the accused person who is moving scot-free and
threatening the petitioner and his family
members of dire consequences.
iv. For restraining the accused person
from entering any of the premises of the
petitioner in the interest of safety to his life and
property.
v. Any other order/orders for which
the petitioner is found entitled to in the facts and
circumstances of the present case.
2. Indisputably, in the night of 14.02.2024 an incident
of Arson and murder took place at Mugarhiya Chowk within
Paroo police station. The informant scheduled 15.02.2024 the
date for inauguration of a shop at Mugarhiya Chowk and in the
said night of occurrence, the brother and nephew of the
informant were staying in the shop.
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3. As per the F.I.R. some unknown persons damaged
the said shop by fire and the brother and nephew of the
informant were murdered. On the basis of the said complaint,
police registered the above-mentioned case and took up the
same for investigation, during investigation they arrested one
Vivek Kumar and had shown one Vicky Kumar arrested in
connection with this case from another case, while he was in
custody in Hariyana. The F.I.R. maker made several statements
that one Sanjay Sahni was inimical against the F.I.R. maker and
his family members, the said Sanjay Sahni previously
threatened the informant and his family members with dire
consequence, if they wanted to open a shop at Mugarhiya
Chowk. The CCTV footage of the said shop allegedly confirmed
the presence of the said Sanjay Sahni around the place of
occurrence. The informant also prayed for CDR and Tower
Location Information of one of the phone numbers of the said
Sanjay Sahni.
4. The Investigating Officer did not take any action
against the said Sanjay Sahni, it is alleged by the petitioner that
the police authority has been continuing the investigation in a
perfunctory manner to save the real culprit and therefore, he has
filed a protest petition before the Court of the learned Magistrate
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also. Now by filing the instant writ petition, the petitioner has
prayed for certain direction upon the police authority so that the
investigation of the case be properly made by the Police Officer.
5. Today counter affidavit has been filed on behalf of
the respondents.
6. The learned Advocate General has referred
specially to paragraph Nos. 6 and 7 of the said counter affidavit,
it is stated in paragraph No.6 of the counter affidavit on behalf
of the respondents that on the basis of the materials collected
during the course of investigation, provision, progress report
and report-2, the case was found to be true against non F.I.R.
named accused Vivek Kumar son of Ram Prawesh Rai, Vivek
Kumar son of Nitesh Singh, Vicky Kumar son of Santosh
Chaudhary and other unknown and a decision has been taken to
conduct deep investigation to ascertain the complicity of F.I.R.
named accused Sanjay Sahni in the commission of the offence.
It is also stated by the respondents that during investigation of
the case, statement of Vivek Kumar son of Ram Prawesh Rai
was recorded under Section 164 of the Cr.P.C. and in his
confessional statement he did not mention involvement of
Sanjay Sahni in the instant case.
7. The Superintendent of Police, Rural, Muzaffarpur
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and S.H.O.-cum-Investigating Officer, Paroo Police Station are
physically present in Court.
8. The Court asks the Superintendent of Police, Rural,
Muzaffarpur as to whether he directed the Investigating Officer
to issue notice under Section 160 of the Code of Criminal
Procedure to the said Sanjay Sahni to interrogate him and to try
to find out as to whether any incriminating material would
reveal or not. The Superintendent of Police, Rural, Muzaffarpur
in unequivocal term admitted that he does not know the
provision contained in Section 160 of the Cr.P.C. This Court
fails to understand as to why the police authority did not take
recourse to issue notice upon a suspect to interrogate his
involvement. On the part of the Investigating Officer, it is
contended by the learned Advocate General that the wife of
Sanjay Sahni made a statement before the police in writing that
on the date of occurrence the son of Sanjay Sahni was admitted
to some hospital and Sanjay Sahni was present through out the
night, on which date the alleged incident took place in the
hospital. Therefore, his presence at the seen of occurrence is an
impossibility.
9. I do not find any other document in the counter
affidavit or in materials on record that the statement of the wife
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of the said Sanjay Sahni was actually verified by the
Investigating Officer to ascertain its truthfulness.
10. The informant gave one mobile number of
accused Sanjay Sahni and other materials. It is the specific case
of the informant that there is long standing enmity between the
family of the petitioner and Sanjay Sahni and the accused
previously threatened him with dire consequence. This part of
allegation has not been examined by the Investigating Officer.
11. This Court is not unaware to note that the Court
cannot direct the Investigating Officer or the Police Authority
at-large as to how the Investigation should proceed. But at the
same time, the Court has the power to go through the case diary
and other documents to monitor the course of investigation.
Taking recourse of the said limited power of the Constitutional
Court, the Investigating Officer Paroo P.S. Case No.46 of 2024
is directed to examine the materials submitted by the informant
concerning his apprehension of involvement of Sanjay Sahni
during the course of investigation.
12. The Superintendent of Police, Rural, Muzaffarpur
is directed to monitor the investigation properly to arrive at a
logical conclusion in accordance with law.
13. The instant writ petition is accordingly, disposed
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of.
14. The personal appearance of Superintendent of
Police, Rural, Muzaffarpur and S.H.O.-cum-Investigating
Officer, Paroo Police Station are dispensed with.
(Bibek Chaudhuri, J)
mdrashid/-
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