Patna High Court
SULEKHA KUMARIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
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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