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2010 DIGILAW 96 (PAT)

Sima Devi W/o Late Bijay Sah v. State Of Bihar

2010-01-28

J.N.SINGH

body2010
JUDGEMENT 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. This writ application has been filed by the informant, namely, wife of the victim who is said to have been kidnapped for which a case bearing Sultanganj P.S. Case No. 105/2007 was instituted under Section 364 of the Indian Penal Code in the month of October, 2007 itself. 3. It is contended that the Investigating Officer is not conducting investigation properly and in right earnest and in connivance with the accused persons, he is not taking steps, as directed by the supervisory authority. From the supervision note annexed with the counter affidavit, it appears that the Investigating Officer was directed on 3.3.2009 to proceed with the investigation on certain points which included recovery of the victim or to hold detailed investigation in case any information is received that he was dead. 4. Learned counsel for the petitioner submits that in spite of the said direction issued by the Supervisory Authority on 3.3.2009, the Investigating Officer has not taken any action in this regard. Learned counsel for the petitioner also submits that the Investigating Officer has recorded in the case diary that the victim was seen at different places. If that is so, he submits, the Investigating Officer should have made enquiry from the persons with whom the victim was seen and if necessary, should have proceeded against those persons also. 5. It goes without saying that whenever an offence is committed and the case is instituted, the Investigating Officer of the case is required to proceed with the investigation in right earnest and hold investigation from all aspects to come to the truth and conclude the investigation at an early date and submit a final report. The Investigating Officer of the present case is also required to do so. 6. In case the Investigating Officer is still not conducting investigation properly, petitioner will be at liberty to point out the same to respondent no. 6, Super- intendent of Police, Bhagalpur through a proper application. Any complaint filed by the petitioner should be considered by the Superintendent of Police immediately and necessary steps should be taken by him to ensure a proper and thorough investigation for submission of final report to the court concerned at an early date for further action. 7. With the aforesaid observations and directions, this writ application is disposed of.