Patna High Court
Rampyare SinghversusThe State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The petition is dismissed as the State has complied with the court’s earlier direction to complete the investigation.
Summary
Rampyare Singh filed a criminal writ petition seeking a mandamus directing the State to complete the investigation of PS case No. 299/2022, arrest the main accused who had warrants issued, and ensure their appearance before the trial court. The petition alleged that the investigation had been pending for three years and that the main accused remained absconding, but it did not name any specific individuals. The High Court had earlier ordered the State to file a counter‑affidavit explaining the delay. The State responded that the investigation was already completed, charge‑sheets had been filed against all accused, and arrests had been made as per the court’s direction. The petitioner’s claim of absconding accused was deemed vague and unsupported. Finding that the court’s earlier direction had been complied with, the bench disposed of the petition without further relief.
Issues considered
- Whether the court should issue a mandamus directing further investigation when the State claims the investigation is complete.
- Whether the petition is maintainable when it does not specifically identify the alleged main accused.
- Whether the State’s compliance with the earlier court direction obviates the need for further proceedings.
Legislation cited
- Code of Criminal Procedure
- Indian Penal Code — s. 120(B), 147, 148, 149, 302, 504, 506
Subjects
- criminal writ
- mandamus
- investigation delay
- arrest of accused
- absconding accused
- charge sheet
- compliance with court direction
- petition disposed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1978 of 2025
Arising Out of PS. Case No.-299 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Rampyare Singh S/O Dasai Singh R/O Village- Madurna, P.S- Chainpur,
Distt.- Kaimur at Bhabhua.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. Bihar
2. The Director General of Police, Government of Bihar, Patna. Bihar
3. The Senior Superintendent of Police, Patna. Bihar
4. The District Magistrate, Kaimur at Bhabhua. Bihar
5. The Director General of Police, Bihar, Patna. Bihar
6. The Senior Superintendent of Police, Kaimur at Bhabhua. Bihar
7. The Superintendent of Police Kaimur at Bhabhua. Bihar
8. The Station House Officer, Kudra, Kaimur at Bhabhua. Bihar
9. The A.S.I (Investigating Officer of P.S Case No. 299/2022 of Chainpur P.S).
Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kiran Kumari Sharma, Advocate
For the Respondent/s : Mr. Anjaneya Singh, A.C. to A.A.G. 13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
3 18-04-2026 The present criminal writ petition has been filed for
following relief(s):-
“I. For issuance of writ in the nature of
Mandamus commanding and directing the
respondent authorities to conduct proper
investigation as mandate in Code of
Criminal Procedure and submit a Final
Form in connection with Chainpur P.S. Case
No. 299/22 and dated 12.11.22 registered for
the offence under sections 147, 148, 149,
302, 120,(B), 504, 506, Indian Penal Code.
Patna High Court CR. WJC No.1978 of 2025(3) dt.18-04-2026
2/4
II, To issue a direction for arresting the main
accused persons against whom the warrant
of arrest has already been issued, but they
are still absconding.
III. To take all measures compelling for
appearance of the accused before the trial
court.
IV. For any other order/orders,
direction/directions, relief/reliefs for which
the petitioner is entitled in facts and
circumstances of this case.”
2. On 25.11.2025 following order has been passed:-
“Learned counsel for the State-
respondents is directed to file para-wise
counter affidavit in the present matter
within four weeks. The State-respondents
shall also make it clear why the
investigation has not been completed in
Chainpur P.S. Case No. 299 of 2022
registered on 12.11.2022 even after three
years and also fix the responsibility of
the concerned officials who allowed the
investigation to stretch for three years.
02. List this case on 08.01.2026.”
3. In pursuance of the direction given by this Court,
learned counsel for the State has filed counter affidavit on
behalf of respondent no. 6/ Superintendent of Police, Kaimur at
Bhabhua. Learned counsel for the State while referring
Patna High Court CR. WJC No.1978 of 2025(3) dt.18-04-2026
3/4
paragraph nos. 9, 10, 11 & 12 has submitted that out of 11
persons, one accused has not been found guilty for commission
of the offence and he has not been sent up for trial. Further, four
accused persons have been arrested on 14.11.2022 and after
completion of investigation, charge-sheet has been submitted
against them on 07.02.2023, four accused persons have
surrendered before the court of learned C.J.M., Kaimur at
Bhabhua and after completion of investigation charge-sheet has
been submitted against them on 30.04.2023, two accused
persons have surrendered before the trial court on 02.05.2023
and 03.06.2023 and after completion of investigation, charge-
sheet has been submitted against them on 18.07.2023. He
further submits that in pursuance of the direction given by this
court, investigation has already been completed.
4. Learned counsel for the petitioner while referring
para 2 of relief portion has submitted that main accused persons,
against whom the warrant of arrest has already been issued, are
still absconding. However, the names of main accused persons
have not been mentioned in the relief portion and the petitioner
has not mentioned any name shown as main accused. In this
way, the nomenclature of main accused is merely a ballpark
assessment of the petitioner.
Patna High Court CR. WJC No.1978 of 2025(3) dt.18-04-2026
4/4
5. Considering all the aspects of the case as also the
fact that direction of this Court has already been complied with
by the State-respondents, there is no need to proceed further in
the matter.
6. Accordingly, the present criminal writ petition
stands disposed of.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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