Patna High Court
Akhilesh Kumar AkhilversusThe State of Bihar through its Chief Secretary,
- Decided
- Disposal
- DISPOSED
- Bench
- BIBEK CHAUDHURI
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
- Code of Criminal Procedure, 1973 — s. 81, 83
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
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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
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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/-
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