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Patna High Court

Shailesh SharmaversusThe State of Bihar through the Chief Secretary, Government of Bihar, Patna.

Decided
Disposal
DISPOSED

Holding

The writ petition is not maintainable as the appropriate remedy lies under Sections 173(8) and 193(9) CrPC before the trial court.

Summary

The petitioner, Shailesh Sharma, filed a writ petition before the Patna High Court seeking a direction to the State authorities to conduct a proper and fair investigation in PS case No. 82 of 2017, alleging that the investigation was incomplete. The petitioner argued that the filing of the charge sheet rendered the writ maintainable, while the respondent authorities contended that the investigation was already concluded and the matter had become infructuous. The Court examined whether a writ under Article 226 could be entertained after the charge sheet had been filed. It held that any grievance regarding the investigation must be pursued under Section 173(8) of the Criminal Procedure Code or Section 193(9) before the trial court where the charge sheet is filed. Consequently, the Court found no cause of action in the writ petition and disposed of it. The order underscores that the appropriate remedy for alleged investigative deficiencies lies in the criminal trial process, not in a writ jurisdiction.

Issues considered

  • Whether a writ petition challenging the investigation is maintainable after the charge sheet has been filed
  • Whether the petitioner has any alternative remedy under the Criminal Procedure Code

Legislation cited

Subjects

  • Criminal Procedure
  • Writ Jurisdiction
  • Investigation
  • Charge Sheet
  • Section 173 CrPC
  • Section 193 CrPC
  • Petition Dismissed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.273 of 2026
                      Arising Out of PS. Case No.-82 Year-2017 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Shailesh Sharma S/O Chhabila Sharma Resident of Village- Talimapur, P.S-
                 Jamo Bazar, Block- Lakri Nabiganj, Distt.- Siwan.

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
                 Bihar
           2.    The Director General of Police, Bihar, Patna Bihar
           3.    The District Magistrate, Siwan. Bihar
           4.    The Superintendent of Police, Siwan. Bihar
           5.    The Sub. Divisional Officer, Maharajganj, Distt.- Siwan Bihar
           6.    The Sub. Divisional Police Officer, Maharajganj, Distt.- Siwan Bihar
           7.    The S.H.O., Jamo Bazar, Dist.- Siwan. Bihar
           8.    Investigating Officer, Jamo Bazar P.S., Distt.- Siwan Bihar
           9.    Subesh Sah S/O Shree Bhagelu Sah R/O Village- Talimpur, P.S- Jamo Bazar,
                 Dist.- Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Shiv Sager Sharma, Advocate
                 For the Respondent/s    :       Mr.G.A.7
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   09-07-2026                 Learned counsel for the petitioner, on query, submits

                   that the charge sheet has been submitted in connection with

                   Jamo Bazar P.S. Case No. 82 of 2017.

                               02. The petitioner approached this Court seeking

                   direction to the respondent authorities to discharge their

                   obligation to investigate the case in proper and fair manner in

                   the aforementioned P.S. case number. If the investigation has
            Patna High Court CR. WJC No.273 of 2026(2) dt.09-07-2026
                                                        2/2




                      completed, the matter has become infructuous after filing of the

                      charge sheet. Therefore, the writ does not remain maintainable.

                                   03. If the petitioner has still any grievance, the

                      petitioner has got remedy under Section 173(8) CrPC/193(9)

                      BNSS to approach the trial court where the charge sheet has

                      been filed.

                                   04. Accordingly, finding no cause of action in the

                      present writ petition, the same is disposed of.



                                                (Arun Kumar Jha, J)

DKS/-

U       T


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