RAM KISHORE ISHWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondents to institute first information report (for short 'FIR') by the S.H.O., Sajaur Police Station as per direction of the learned Chief Judicial Magistrate, Bhagalpur vide his order dated 20.04.2015 on the basis of a complaint, which was filed on 28.02.2015 under Sections 323, 504, 166, 166-A, 168, 134 and 120-B of the Indian Penal Code.

(3.) Learned counsel appearing for the petitioner submitted that a complaint was filed by the petitioner on 28.02.2015 vide Complaint Case No. 418 of 2015. On 03.03.2015, the learned Chief Judicial Magistrate called for a report from the Officer-in-charge of Kajreili Police Station and the Assistant Director, Mining and Geology Department, Bhagalpur regarding the claim made in respect of the vehicle bearing No. BR-51/7821 and the case was adjourned to 16.03.2015. On 16.03.2015, the Assistant Director, Mining and Geology Department, Bhagalpur submitted a report, which was ordered to be kept on record. It was recorded by the learned Chief Judicial Magistrate that the report from the Officer-in-charge Kajreili Police Station was still wanting. Hence, the case was adjourned to 04.04.2015. On 04.04.2015, the case was adjourned to 20.04.2015. On 20.04.2015, the learned Chief Judicial Magistrate recorded in his order that the report sought for from the Officer-in-charge Kajreili Police Station was not received. On the same day, he referred the complaint to the Police for investigation in exercise of power conferred under Section 156(3) of the Code of Criminal Procedure (for short 'Cr.P.C'). It is contended that after the order dated 20.04.2015 was passed by the court of Chief Judicial Magistrate, the investigation has not commenced and the police case is yet to be registered.