Patna High Court
Raj KumarversusThe State of Bihar through the Home Secretary, Government of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
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
- Bihar Police Sub‑Section — s. 175(3)
- Criminal Procedure Code — s. 156(3)
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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