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Patna High Court

SULEKHA KUMARIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as infructuous because the criminal and departmental proceedings have already been instituted.

Summary

The petitioner, Sulekha Kumari, filed a writ petition alleging that her husband died from electrocution due to the criminal negligence of Binod Mahto, and that the police attempted to record the death as natural. She contended that the police officer’s conduct was a miscarriage of justice. During the pendency of the petition, an FIR was lodged against Binod Mahto and a departmental proceeding was initiated against the police officer. The petitioner argued that these developments rendered the writ petition unnecessary. The Court held that, because the criminal and departmental processes were already underway, the petition had become infructuous and dismissed it.

Issues considered

  • Whether a writ petition challenging police investigation can continue when an FIR and departmental proceedings have already been initiated against the alleged perpetrator and the police officer.

Subjects

  • criminal negligence
  • electrocution death
  • police misconduct
  • writ petition
  • infructuous
  • FIR
  • departmental proceeding

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.89 of 2022
                  ======================================================
                  Sulekha Kumari W/O Late Pankaj Kumar R/O Village- Ahiyasa, P.O.-
                  Mohiuddinpur, P.S.- Ghosi, District- Jehanabad

                                                                                ... ... Petitioner/s
                                                     Versus

            1.    The State of Bihar
            2.    The Principal Secretary, Department of Home, Bihar, Patna
            3.    The Director of General of Police, Bihar, Patna
            4.    The Deputy Inspector General of Police, Magadh Division, Gaya
            5.    The Superintendent of Police, Jehanabad
            6.    The Officer In-Charge, Ghosi P.S., Jehanabad
            7.    South Bihar Power Distribution Company Ltd. (SBPDCL) through its
                  Managing Director, Vidyut Bhawan, Bailey Road, Patna,
            8.    The Executive Engineer, SBPDCL, Jehanabad

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Sanjay Kumar, Advocate
                  For the State          :      Mr. Sheo Shankar Prasad, SC-8
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                        ORAL ORDER

13   30-03-2026                   The petitioner is aggrieved with the legal course taken

                    by the police authorities after death of her husband.

                                  2. Learned counsel for the petitioner submits that as

                    per view of the petitioner, her husband died of electrocution on

                    account of criminal negligence of one Binod Mahto. However,

                    the concerned police officer has attempted to give it colour of

                    natural death on account of electrocution. However, during

                    course of writ petition, an F.I.R. has been lodged against the

                    person who, as per opinion of the petitioner, is involved in the
               Patna High Court CR. WJC No.89 of 2022(13) dt.30-03-2026
                                                           2/2




                         commission of the alleged offence. It is also informed by

                         learned counsel for the petitioner that even departmental

                         proceeding has been initiated against the police officer, who has

                         tried to give colour of natural death to the offence committed

                         against the husband of the petitioner. Hence, the present petition

                         has become infructuous.

                                      3. Accordingly, the present petition is dismissed as

                         infructuous.



                                                                     (Jitendra Kumar, J)
shoaib/-

U          T


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