SUPRIYA DEVI Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This application under Article 226 of the Constitution of India has been filed by the petitioner for issuance of a direction to the respondents, especially respondent no.5, the Officer-in- charge of Vishnupad Police Station, Gaya to investigate and submit charge-sheet against the accused persons in connection with Vishnupad P.S. Case No. 85 of 2018 registered under Sections 323, 324, 494 and 379 of the Indian Penal Code.

(3.) It is submitted by the learned counsel for the petitioner that the petitioner had initially filed a complaint in the court of Chief Judicial Magistrate, Gaya vide Complaint Case No. 505 of 2018. In the complaint, a prayer was made to send the same to the Mahila Police Station for investigation under Section 156(3) of the Code of Criminal Procedure (for short 'Cr.P.C'). Allowing the prayer of the petitioner, the learned Chief Judicial Magistrate sent the complaint to the police for investigation whereafter the first information report (for short 'FIR') was registered on 12.04.2018 and investigation was taken up. He submitted that inspite of lapse of over 16 months, the police have not yet completed the investigation of the case. He has further contended that if the accused persons including the petitioner's husband are not arrested and put on trial, there would be complete miscarriage of justice.