Research › Search › Judgment

Patna High Court · body

2006 DIGILAW 1020 (PAT)

Krishnadeo Prasad v. State Of Bihar

2006-11-08

ABHIJIT SINHA, NARAYAN ROY

body2006
Judgment 1. Heard Mr. D.K. Sinha, learned counsel for the petitioner, and learned Standing Counsel No. 19 for the State, and considered the respective affidavits exchanged after filing of the writ application. 2. Initially, the petitioner came forward with a case of kidnapping of his minor son, namely, Babloo Kumar. On the basis of the fardbeyan, a first information report was lodged pertaining to Jehanabad Police Station Case No. 276/05. Investigation thereafter proceeded. 3. The petitioner now complains that the police is not proceeding with the investigation in right direction and when suspicion was raised against the school authorities, proper investigation etc. was not done and the police, somehow or the other, are trying to close up the case. 4. Standing Counsel No. 19 with reference to the affidavits filed on behalf of the State submits that the police proceeded with the investigation in proper manner and queries were made about the missing boy from all possible corners and many persons were interrogated, but still no clue was found, and, ultimately, on direction of the supervising authorities, final form has been submitted now. At last, it has been submitted by learned counsel for the State that if any reliable evidence is brought before the police in this regard, further investigation as per law shall be started. 5. It appears that this Court seeing the anxiety of the petitioner, who is father of the missing boy, monitored this case for some time and from time to time, necessary orders/directions were issued to the investigating agencies to properly investigate the case. The investigation of the case thereafter, as it appears, proceeded and it appears to us that the police has tried its best to collect reliable material/evidence about the missing son of the petitioner. 6. It does not appear to be a case, where the liabilities can be shifted only on the police. Cases like this are galore in the State of Bihar and it is not possible for the police to produce all such missing persons in this Court. Requirement is to investigate the case in proper manner. 7. Regard being had to the facts and circumstances of the case, therefore, this matter should not proceed any more. 8. It is, accordingly, dismissed. 9. However, it goes without saying that as per the affidavit filed by the investigating agencies, the investigation may be reopened on finding cogent materials.