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Patna High Court

Akhilesh Kumar AkhilversusThe State of Bihar through its Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The Court directed the investigating officer to complete the investigation and submit a final report against all accused within six months, and disposed of the contempt application.

Summary

The petitioner, Sanjivani Vikash Foundation, sought direction from the Patna High Court regarding the failure to file a charge‑sheet against an accused named Mohit Vijaraniya in FIR No. 933/2023. The opposite parties contended that a charge‑sheet had already been filed against two other accused and that a supplementary charge‑sheet could be filed only after the investigation against the remaining accused was completed. The Court noted that the investigating officer (I.O.) had not explained why the charge‑sheet against Vijaraniya had not been filed and that the investigation, which began on 23‑11‑2023, was still pending. Consequently, the Court directed the I.O. to complete the investigation and submit a final report against all accused within six months. The Court also ordered that a copy of this order be served to the I.O. through counsel and disposed of the contempt application filed by the petitioner.

Issues considered

  • Why has the charge‑sheet against Mohit Vijaraniya not been filed?
  • Whether a supplementary charge‑sheet can be filed before the investigation is complete.
  • Appropriate remedial direction for the investigating officer.
  • Disposition of the contempt application.

Legislation cited

Subjects

  • criminal procedure
  • charge sheet
  • investigation
  • contempt
  • high court
  • supplementary charge sheet
  • absconder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.284 of 2025
                                                    In
                              Criminal Writ Jurisdiction Case No.387 of 2024
                 ======================================================
                 Sanjivani Vikash Foundation through its President of Akhilesh Kumar Akhil
                 S/o Late Bhuvaneswar Prasad Singh, Male. aged about 67 Years resident of
                 Sanjivani behind P.N.B., Mahtma Gandhi Nagar, Kankarbagh, P.S.
                 Kankarbagh, P.O. Bahadurpur Hosing Complex, Patna-800026 (Bihar).
                                                                           ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar through its Chief Secretary, Brijesh Mahrotra, Bihar,
                  Patna.
           2.    Mr. Arvind Kumar Chaudhary, Additional Chief Secretary, Department of
                 Home, Bihar, Patna
           3.    Mr. Vinay Kumar, the Director General of Police, Bihar, Patna.
           4.    Smt. Garima Malik, the Inspector General of Police, Central Range, Bihar,
                 Patna.
           5.    Dsmt. Meenu Kumari, Deputy Inspector General of Police, Central Range,
                 Bihar, Patna.
           6.    Mr. Awkash Kumar, Senior Superintendent of Police, Patna, Bihar.
           7.    D. Amarkesh, Superintendent of Police, Economic Offences Unit (EOU),
                 Bihar, Patna.
           8.    Sweety Sharawat, City Superintendent of Police, Patna Central, Patna, Bihar.
           9.    Abhinav, Deputy Superintendent of Police, Patna Central, Patna, Bihar.
           10. Mr. Kamakhya Narayan Singh,The Station House Officer of P.S. Gandhi
               Maidan, Patna, Bihar.
           11. Mr. Pramod Kumar,The Investigation Officer of F.I.R. of Gandhi Maidan
               P.S. Case No. 933/2023 Patna.
           12. Mr. Sarvesh Chandra,The Investigation Officer, Economic Offences Unit
               (EOU), Bihar, Patna.
           13. Mr. Vinay Krishan Tripathi, Station House Officer of Cyber Police Station,
                Patna, Bihar.
                                                                    ... ... Opposite Party/s
               ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Ranjay Kumar, Advocate
                 For the Opposite Party/s :    Mr. Ranjan Prakash, AC to GA-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                       ORAL ORDER

6   24-04-2026                  In compliance of the order dated 03.04.2026, the

                   Investigating Officer is present physically in Court with the case
Patna High Court MJC No.284 of 2025(6) dt.24-04-2026
                                            2/3




          diary.

                       2. It is ascertained from the submission made by the

          learned Advocate on behalf of the opposite parties that in

          connection with Gandhi Maidan P.S. Case No.933 of 2023 dated

          23.11.2023, the I.O. has already filed charge sheet against two

          accused persons in respect of another accused Mohit Vijaraniya

          under Section 81 and 83 of the Cr.P.C. is pending to be

          executed. Therefore, the I.O. is not in a position to file

          supplementary charge-sheet against him. If the investigation is

          complete against the above-named accused and prima-facie case

          is established, there is no impediment for the I.O. to file

          supplementary charge-sheet showing the accused absconder,

          than it will be on the Court to execute warrant of arrest against

          the absconder charge-sheeted accused.

                       3. This Court fails to ascertain as to why charge sheet

          has not been submitted against the above-named accused

          person.

                       4. It is found from the record that the investigation of

          the case was initiated on 23.11.2023. Considering the pendency

          of the investigation, the I.O. is specially directed to complete the

          investigation and submit report in final form against all the

          accused persons within six months from the date of this order.
             Patna High Court MJC No.284 of 2025(6) dt.24-04-2026
                                                         3/3




                                    5. Copy of the order be supplied to the I.O. through

                       the learned Advocate for the opposite parties.

                                    6. In view of the above order, the contempt

                       application is disposed of.



                                                 (Bibek Chaudhuri, J)
mdrashid/-

U


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