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Patna High Court

Anjani DeviversusThe State of Bihar through Chief Secretary, Govt. of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The petitioner must avail himself of the statutory remedies of filing a protest petition against the final form in Case No.190 and an application under Section 156(3) CrPC for Case No.193; the writ petition is therefore disposed.

Summary

Anjani Devi filed a writ petition seeking proper investigation in two criminal cases (Barh PS Case No.190 of 2020 and Case No.193 of 2023). The police had already filed a charge‑sheet against Diwakar Singh and a final form against Hari Om Kumar in the 2020 case, while no action had been taken in the 2023 case. The petitioner asked the High Court to direct the police to file a charge‑sheet against Hari Om Kumar and to investigate the 2023 case. The Court held that the petitioner has statutory remedies: a protest petition against the final form in the 2020 case and an application under Section 156(3) of the Criminal Procedure Code before the magistrate for the 2023 case. Accordingly, the Court directed the petitioner to pursue those remedies and disposed of the writ petition.

Issues considered

  • Whether the High Court can compel the police to file a charge‑sheet or conduct investigation in the pending cases.
  • Whether the petitioner may be directed to file a protest petition against the final form filed against Hari Om Kumar.
  • Whether the petitioner may be directed to file an application under Section 156(3) of the Criminal Procedure Code for proper investigation in Case No.193 of 2023.

Legislation cited

Subjects

  • criminal procedure
  • writ petition
  • investigation
  • charge‑sheet
  • final form
  • Section 156(3)
  • protest petition
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.370 of 2024
                          Arising Out of PS. Case No.-190 Year-2020 Thana- BARH District- Patna
                 ======================================================
                 Anjani Devi, wife of Bablu Singh, Resident of Village- Langarpur P.S.- Barh
                 Dist- Patna.
                                                                              ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Chief Secretary, Govt. of Bihar, Patna
           2.    The Chief Secretary, Govt. of Bihar, Patna
           3.    The Director General of Police, Govt. of Bihar, Patna
           4.    The Additional Inspector General of Police, Bihar Patna
           5.    The Inspector General of Police, Patna Division, Patna
           6.    The Dy. Inspector General of Police, Patna Division, Patna
           7.    The Senior Superintendent of Police Patna
           8.    The Superintendent of Police, Gramin Patna
           9.    The Dy. Senior Superintendent of Police, Barh Patna
           10. The SHO Police Station Barh Patna
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Awadhesh Kumar Yadav, Advocate
                 For the State            :        Mr. S.C.-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   02-04-2026                   The present writ petition has been preferred by the

                   petitioner for proper investigation in Barh P.S. Case No. 190 of

                   2020 as well as Barh P.S. Case No. 193 of 2023.

                                 2. However, the petitioner has stated in his writ

                   petition that the police has submitted charge-sheet against one of

                   the accused persons viz., Diwakar Singh in Barh P.S. Case No.

                   190 of 2020, though the police submitted final form against the

                   rest accused viz., Hari Om Kumar.

                                 3. During oral submission, learned counsel for the

                   petitioner submits that in Barh P.S. Case No. 193 of 2023,
               Patna High Court CR. WJC No.370 of 2024(2) dt.02-04-2026
                                                           2/2




                         nothing has been done till date by the police.

                                      4. As police has already submitted charge-sheet or

                         final form in Barh P.S. Case No. 190 of 2020, the petitioner has

                         remedy to file protest petition against the final form submitted

                         against Hari Om Kumar in Barh P.S. Case No. 190 of 2020.

                                      5. Hence, the petitioner can move appropriate

                         application before the concerned Court by way of filing protest

                         petition against the final form submitted against Hari Om

                         Kumar in Barh P.S. Case No. 190 of 2020. Against the rest

                         accused viz., Diwakar Singh, the police has already filed

                         charge-sheet in Barh P.S. Case No. 190 of 2020.

                                      6. As far as Barh P.S. Case No. 193 of 2023 is

                         concerned, the petitioner has remedy to move appropriate

                         application under Section 156(3) Cr.PC before the concerned

                         Magistrate to ensure proper investigation and if such application

                         is filed by the petitioner before learned Magistrate in Barh P.S.

                         Case No. 193 of 2023, learned Magistrate is directed to take

                         steps as per law to ensure proper investigation in the matter.

                                      7. The present petition is disposed of, accordingly.


                                                                     (Jitendra Kumar, J)
shoaib/-

U          T


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