Patna High Court
Nawin Kumar @ Navin Kumar @ Naveen KumarversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petition is infructuous as the investigation has been transferred to the CBI, and the reliefs sought are deemed satisfied.
Summary
The petitioner, Nawin Kumar, filed a writ petition seeking mandamus directing the police and a Special Investigation Team to conduct a proper investigation into the death of a minor girl, to amend the FIR to include provisions of the POCSO Act, to provide security to his family, and to restrain media harassment. The State argued that the case had been transferred to the Central Bureau of Investigation (CBI) by a notification under the Delhi Special Police Establishment Act, 1946, rendering the petition moot. The Court held that the request for monitoring the investigation by a retired Supreme Court judge or a sitting High Court judge was untenable, and that the transfer to the CBI satisfied the petitioner’s concerns. Consequently, the Court found the reliefs sought to be satisfied and declared the petition infructuous. The writ petition was therefore disposed, with the Court indicating that any future grievance against the CBI can be pursued in the appropriate forum.
Issues considered
- Whether the petitioner is entitled to a mandamus directing a retired Supreme Court judge or a High Court judge to monitor the investigation.
- Whether the transfer of the case to the CBI under the Delhi Special Police Establishment Act, 1946, satisfies the petitioner’s demand for a proper investigation.
- Whether the Court can direct amendment of the FIR to include sections of the POCSO Act.
- Whether the Court can order security for the petitioner and his family against alleged police and SIT harassment.
- Whether the Court can restrain media harassment of the petitioner’s family.
Legislation cited
Subjects
- mandamus
- CBI investigation
- FIR amendment
- POCSO Act
- media harassment
- security order
- writ petition
- high court
- criminal investigation
- public interest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.216 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- Chitragupta Nagar District- Patna
======================================================
Nawin Kumar @ Navin Kumar @ Naveen Kumar Son of Late Ramanuj
Sharma R/o Village- Patiyawan, P.S.- Shakurabad, District- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Home Department, Government of Bihar, Patna
3. The Principal Secretary. Health Department, Government of Bihar, Patna.
4. The Director General of Police, Patna, Bihar.
5. The Superintendent of Police, Patna, Bihar.
6. Roshni Kumari @ Raushni Kumari The Station House Officer (SHO) cum
the Investigating Officer (IO) in the present case at P.S.- Chitragupt Nagar,
District- Patna, Bihar.
7. Shravan Agrawal Director/ Coordinator/ Operator of Shambhu Girls Hostel,
Munnachak, Patna, Bihar.
8. Neelam Agrawal Director/ Coordinator/ Operator of Shambhu Girls Hostel,
Munnachak, Patna, Bihar.
9. Ashu Agarwal @ Anshu Agarwal Director/ Coordinator/ Operator of
Shambhu Girls Hostel, Munnachak, Patna, Bihar.
10. Nitu Kumar @ Nitu Thakur Warden of Shambhu Girls Hostel, Munnachak,
Patna, Bihar.
11. Chanchala Warden of Shambhu Girls Hostel, Munnachak, Patna, Bihar.
12. Manish Ranjan @ Manish Chandrawanshi Owner of the building/house of
Shambhu Girls Hostel, Munnachak, Patna, Bihar.
13. Dr. Prabhat Memorial Hiramati Hospital, Rajendra Nagar, Patna, Bihar
14. Dr. Satish Doctor at Dr. Prabhat Memorial Hiramati Hospital, Rajendra
Nagar, Patna, Bihar
15. Jay Prabha Medanta Super Speciality Hospital Kankarbagh, Patna, Bihar
16. Sahaj Surgery Kankarbagh, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
Mr. Shivam Kumar, Advocate
Mr. Deepak Kumar, Advocate
Ms. Priya Kumari, Advocate
Mr. Sudhakar Ranjan, Advocate
For the State : Mr. Kinkar Kumar, S.C.9
Ms. Vagisha Pragya Vacaknavi, Advocate
======================================================
Patna High Court CR. WJC No.216 of 2026(2) dt.02-02-2026
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 02-02-2026 The present writ petition has been filed by the
petitioner seeking following relief(s):
“(i) For issuance of order(s) / direction(s)
or writ(s) in the nature of Mandamus directing
the concerned Respondent Authorities to ensure
carrying out the proper and adequate full-
fledged investigation in Chitragupt Nagar P.S
Case No. 14/26 dated 09.01.2026 whereby and
where under Patna Police (Chitragupt Nagar
P.S. Police), acting in collusion and under
influence of the Respondents 2nd Set, is not
conducting a fair investigation in the case in
order to provide illegal & undue advantages to
the Respondents 2nd Set and merely for the sake
of formality, an SIT has been constituted but
that SIT too is not conducting proper
investigation in the matter, as such, the
investigation in this case may be carried out
under the supervision/ chairmanship/monitoring
of a retired Judge of the Hon'ble Supreme Court
of India or Hon'ble Patna High Court or by any
independent investigating agency/Central
Bureau of Investigation (C.B.I.) after
constituting a medical team comprising of well
renowned & expert doctors and enabling them
properly examine the complete medical
treatment records of the Deceased Gayatri
Kumari along with the connected FSL report,
Viscera report and DNA report (tracing through
vaginal swabs of the Deceased) in order to find
out the real/ actual culprit(s) (who raped and
killed the Deceased) and derive out the actual
reason behind her death and also to ensure fast,
efficacious and proper ends of justice to the
aggrieved Petitioner and his family members.
And/or
Patna High Court CR. WJC No.216 of 2026(2) dt.02-02-2026
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(ii) For issuance of further order(s) /
direction(s) or writ(s) in the nature of
Mandamus directing the concerned Respondent
Authorities to provide security to the Petitioner
and his other family members from the
Respondents 2nd Set, from Patna Police
(Chitragupt Nagar P.S.) as well as from the SIT
of Patna Police, who in place of investigating
the matter properly and punishing the culprits,
are merely carrying formalities on the name of
investigation and are unnecessarily harassing
the Petitioner and his other family members by
asserting undue mental pressure upon them
after restraining their movements in order to
provide undue advantages to the Respondents
2nd set and to weaken the case of the Petitioner
where the security of life & property of the
Petitioner and his other family members are at
high risk. And/or
(iii) For issuance of further order(s) /
direction(s) or writ(s) in the nature of Certiorari
for amendment in the FIR in Chitragupt Nagar
P.S Case No. 14/26 dated 09.01.2026
corroborating the Postmortem report (which
reflects that the possibility of sexual assault
with the Deceased cannot be denied) by adding
the relevant sections of the POCSO Act because
of the Deceased being 'minor' (below 18 years
of age) at the time of incident where mistakenly
her age was recorded in the FIR as 18 years.
And/or
(iv) For issuance of further order(s) /
direction(s) or writ(s) in the nature of
Prohibition for protecting the Petitioner and his
other family members from the harassment
being done to them by media trials by fake
social media reporters and YouTubers. And/or
(v) For issuance of any further order (s) /
direction (s) or writ(s) which this Hon'ble Court
may deem fit and proper in the facts and
Patna High Court CR. WJC No.216 of 2026(2) dt.02-02-2026
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circumstances of the instant case.”
2. Learned counsel appearing on behalf of
respondents-State, at the outset, submits that the matter has been
handed over to the Central Bureau of Investigation for
investigation vide Notification No. 09/CBI-80-03/2026-Home
Deptt-1446/Patna dated 31.01.2026 and the apprehension of the
petitioner has no basis and the matter has become infructuous.
3. Learned counsel appearing on behalf of the
petitioner submits that the matter is very serious and needs to be
monitored by a retired Judge of Hon’ble Supreme Court or a
Sitting Judge of this Court. Learned counsel further submits that
the police has been harassing the family members of the
deceased girl and some orders need to be passed by this Court.
4. I have considered the rival submissions of the
parties and perused the record. So far as contention of the
learned counsel for the petitioner for the case to be monitored
by a retired Judge of Hon’ble Supreme Court or a Sitting Judge
of this Court is concerned, the same is simply out of question
because the inquiry has just been handed over to Central Bureau
of Investigation and without any basis or any reason and without
showing involvement of larger public interest in the present
case, the petitioner has made a prayer for monitoring the case by
Patna High Court CR. WJC No.216 of 2026(2) dt.02-02-2026
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a retired Judge of Hon’ble Supreme Court or a Sitting Judge of
this Court.
Further prayer with regard to passing orders/directions
to the Investigating Agency is also unfounded for the reason that
earlier the matter was investigated by the State Police and now
it has been handed over to the Central Bureau of Investigation
under Delhi Special Police Establishment Act, 1946. So,
whatever action will now be taken in the investigation, the same
would be taken by another agency and not by the State police
authorities. Hence, the petitioner should not be any
apprehension on this account as well. Therefore, in sum and
substance, the relief(s) sought by the petitioner stands satisfied
and hence, the writ petition has effectively become infructuous.
5. Accordingly, the present writ petition is disposed of
as the relief(s) of the petitioner stand satisfied. In future, if the
petitioner has any grievance against the investigation made by
the investigating agency, he is at liberty to have recourse of law
in appropriate proceeding before appropriate forum.
(Arun Kumar Jha, J)
Ashish/-
U T
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