Patna High Court
Sanjay Kumar ChoudharyversusThe State of Bihar, through the Director General of Police, State of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The writ petition is disposed without ordering any specific investigative direction, leaving the petitioner free to approach the appropriate forum for any grievance.
Summary
The petitioner, Sanjay Kumar Choudhary, filed a writ petition seeking a court order directing the police to conduct a fair and transparent investigation into the case (Nagar Nawada PS Case No. 1770 of 2023) in which his son, Karu (Vivek) Choudhary, was accused of offences under several IPC sections and the Arms Act. The petitioner alleged that his son was engaged in a Laxmi Puja at his shop and that CCTV footage proved his alibi, contending that the investigation was biased. The State countered that the CCTV footage supplied by the petitioner’s father did not show the accused at the shop and that no concrete evidence supported the alibi; the investigation was completed and a charge‑sheet had already been filed against co‑accused, with direction to file one against the petitioner’s son. The Court examined the submissions and found the State’s evidence credible, noting that the investigation had been concluded and the charge‑sheet was pending. Consequently, the Court disposed of the writ petition, allowing the petitioner to raise any further grievance in the appropriate forum, without ordering any specific investigative direction.
Issues considered
- Whether a High Court can issue a writ directing police to conduct a fair and transparent investigation in a criminal case.
- Whether the petitioner’s claim of alibi supported by CCTV footage warrants quashing or staying the charge‑sheet against the accused.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 326, 448, 504, 506
Subjects
- Criminal Procedure
- Writ Petition
- Police Investigation
- Alibi
- CCTV Evidence
- Indian Penal Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.663 of 2025
Arising Out of PS. Case No.-1770 Year-2023 Thana- NAWADA District- Nawada
======================================================
Sanjay Kumar Choudhary S/O Kauleshwar Choudhary Resident of Village-
Panchu, P.O.- Hisua, P.S.- Hisua, District- Nawada, At present- Village-
Gondaur, P.O- Nawada, P.S- Nagar Nawada, Distt.- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Director General of Police, State of Bihar,
Patna. Bihar
2. The Inspector General of Police, Magadh Range, Magadh Division at Gaya.
Bihar
3. The Deputy Inspector General of Police, Magadh Range, Magadh Division
at Gaya. Bihar
4. The Superintendent of Police, Distt.- Nawada. Bihar
5. The Deputy Superintendent of Police (Head Quarter), Distt.- Nawada. Bihar
6. The Station House Officer of Nagar Nawada Police Station, Distt.- Nawada.
Bihar
7. The Investigation Officer of Nagar Nawada Police Station P.S Case No.
1770 of 2023 Nagar Nawada Police Station, Distt.- Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Jubair Ansari, Adv.
Mr. Avdhesh Kumar, Adv.
For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
3 19-03-2026 Heard the parties.
2. The present writ petition has been filed on behalf of
the petitioner for issuance of writ for commanding the
respondents, especially respondent nos. 4 to 7, for fair and
transparent investigation of the case, vide Nagar Nawada P.S.
Case No. 1770 of 2023 dated 13.11.2023 in which son of the
petitioner namely Karu Chaudhary has been made accused
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under Sections 147, 148, 149, 448, 504, 506, 326 and 302 of the
Indian Penal Code and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that he
has confined his submission to the extent that the petitioner’s
son had not participated in the alleged occurrence as he was
engaged in Laxmi Puja in his shop in the name of “M/s
Maharani Garment” and he has stated that there was CCTV
footage and clips which reflects that he was not present at the
place of occurrence at the relevant point of time as he was
engaged in the said shop.
3. Learned counsel for the State submits that counter
affidavit has been filed on behalf of respondent no. 5 and he has
mentioned in para, 6, 7, 9 and 10 and which is at pages 16-17
(Annexure-A) and submitted that vide Memo No. 1102 dated
30.05.2025, S.D.P.O., Sadar-01, Nawada, issued progress report
of the investigation stating inter alia that on reviewing the
CCTV foogate and the pen drive related to the CCTV footage
provided by Sanjay Choudhary, father of the accused Karu
Choudhary, the accused was not found present at his shop in the
said video, nor has any other concrete evidence been provided
regarding his presence at the shop. Thus, case appears to be true
even against Karu Choudhary. He further submits that there was
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no CCTV footage nearby the place of occurrence. He further
submits that the investigation has been completed on almost all
points and charge-sheet has been submitted against the co-
accused Anil Choudhary, Vicky Choudhary, Pawan Kumar and
Chhotu Kumar vide Charge Sheet No. 42/2024 dated
31.01.2024. He further submits that direction has been given to
submit charge sheet against the petitioner’s son Karu Choudhary
@ Vivek Choudhary under Sections, 147, 148, 149, 448, 504,
506, 326, 302 I.P.C. and 27 of the Arms Act.
4. In view of the above, the contention of learned
counsel for the State is quite tenable and sustainable that on
reviewing the CCTV footage and the pen drive related to the
CCTV footage provided by Sanjay Choudhary, father of the
accused Karu Choudhary, the accused was not found present at
his shop in the said video, as claimed by the petitioner, nor has
any other concrete evidence been provided regarding his
presence at the shop. The investigation has completed on all
points and charge-sheet has already been submitted against
some of the co-accused and direction was given to submit
charge-sheet against the petitioner’s son Karu Choudhary @
Vivek Choudhary.
5. Considering the facts and circumstances of the
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case, argument advanced on behalf of both sides, the present
writ petition stands disposed of with liberty to the petitioner, if
the petitioner has any grievance, he may raise his grievance
before the appropriate forum.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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