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Patna High Court

Raj KumarversusThe State of Bihar through the Home Secretary, Government of Bihar, Patna.

Decided
Disposal
DISPOSED

Holding

The High Court cannot direct the police to investigate; the petitioner must approach the Judicial Magistrate under Section 156(3) CrPC/Section 175(3) B.N.S.S.

Summary

Raj Kumar filed a writ petition before the Patna High Court seeking a direction to the police to conduct a proper investigation into case No.387 of 2023, alleging negligence. The petitioner argued that the police had failed to take necessary steps. The Court examined whether it could issue a writ directing investigation or whether the petitioner had an alternative remedy. It held that under Section 156(3) of the Criminal Procedure Code and Section 175(3) of the Bihar Police Sub‑Section, a Judicial Magistrate has the jurisdiction to ensure proper investigation. Consequently, the Court directed the petitioner to approach the concerned Judicial Magistrate, and dismissed the writ petition.

Issues considered

  • Whether the High Court can direct the police to conduct a proper investigation under a writ petition.
  • Whether the petitioner has an alternative remedy under Section 156(3) CrPC/Section 175(3) B.N.S.S. to seek investigation.

Legislation cited

Subjects

  • writ petition
  • criminal investigation
  • Section 156(3) CrPC
  • magistrate jurisdiction
  • alternative remedy
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.1845 of 2024
                     Arising Out of PS. Case No.-387 Year-2023 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Raj Kumar, S/o Rampati Singh R/o Mohalla- Prakash Puri, P.S- Ara Town,
                 District- Bhojpur (Ara)

                                                                                   ... ... Petitioner
                                                   Versus
           1.    The State of Bihar through the Home Secretary, Government of Bihar, Patna.
                 Bihar
           2.    The Director General of Police, Bihar, Patna. Bihar
           3.    The Superintendent of Police, Bhojpur, Patna. Bihar
           4.    The Sub-Divisional Police Officer, Ara. Bihar
           5.    The Incharge of Town Police Station, Bhojpur at Ara. Bihar
           6.    Hare Ram Singh S/O Balwant Singh R/O Bishnunagar, Anaid, P.S- Ara
                 Town, Distt.- Bhojpur at Ara.
           7.    Chandani Singh W/O Hareram Singh R/O Bishnunagar, Anaid, P.S- Ara
                 Town, Distt.- Bhojpur at Ara.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Ms. Malti Kumari, Advocate
                 For the State           :        Mr. A.A.G 12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

4   16-06-2026             The present writ petition has been preferred by the

                   Petitioner for direction to the Respondent Authorities for proper

                   investigation of the case bearing Town Ara P.S. Case No.387 of

                   2023 dated 16.05.2023 alleging that the police has so far not

                   done proper investigation taking needful steps.

                                2. Heard learned counsel for the Petitioner and

                   learned counsel for the State.

                                3. It is settled principle of law that the Judicial
            Patna High Court CR. WJC No.1845 of 2024(4) dt.16-06-2026
                                                        2/2




                      Magistrate under Section 156(3) Cr.PC/175(3) B.N.S.S. has

                      jurisdiction to ensure that there is proper investigation in the

                      case.

                                  4. As such, the Petitioner has efficacious alternative

                      remedy to approach the Judicial Magistrate under Section

                      156(3) Cr.PC/175(3) B.N.S.S. expressing his grievances

                      regarding proper investigation. In the event of filing any such

                      application before the concerned Judicial Magistrate, the

                      Judicial Magistrate is directed to take needful step as per law.

                                  5. The present petition is disposed of, accordingly.



                                                                        (Jitendra Kumar, J.)
Chandan/-

U     T


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