Patna High Court
Wu Chuangyong vs The State Of Bihar Thought The ... on 23 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1335 of 2019
Arising Out of PS. Case No.-231 Year-2018 Thana- GARDANIBAG District- Patna
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1. Wu Chuangyong, male, aged about 39 years, Son of Wu @ Waxianguri,
Resident of Sichuan, P.S. - Dawu, Distt. - Hubei, China, at present residing
at Shalimar Chamber opposite Maulana Abdul Engineering College,
Alinagar, P.S. - Anisabad, P.S. - Gardanibagh, Distt. - Patna.
2. Wu Tiandong, male, aged about 34 years, Son of Wu Guangyao, resident of
Zulinwan Xinhua Road Chengguan, P.S. - Dawu, Distt. - Hubei, China, at
present residing at Shalimar Chamber opposite Maulana Abdul Engineering
College, Alinagar, P.S. - Anisabad, P.S. - Gardanibagh, Distt. - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar thought the Principal Secretary, Home (Police)
Department, Govt. of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Senior Superintendent of Police, Patna, Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Adv.
For the State : Md. Nadim Seraj, Adv.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 23-08-2021
Heard Mr. Rajesh Ranjan for the petitioners
and Md. Nadim Seraj for the State.
2. This writ petition has been filed for
Patna High Court CR. WJC No.1335 of 2019 dt.23-08-2021
quashing of the F.I.R. of Gardanibagh P.S. Case No. 231
of 2018, dated 17.06.2018, which has been instituted for
the offence under Section 38(i) (ii) of the Bihar Prohibition
and Excise Act, 2016. Section 30(a) of the Bihar
Prohibition and Excise Act, 2016 was later added vide order
dated 28.08.2016.
3. Mr. Rajesh Ranjan, after canvassing about
the innocence of the petitioners and their faulty
prosecution, has submitted that the investigation has been
kept pending for three years by now. He submits that
there is no justification for keeping the investigation of this
case pending for so long.
4. Md. Nadim Seraj for the State has though
replied to the aforesaid writ petition and has expressed the
reason why the investigation has yet not been concluded,
but submitted that a final decision shall be taken and the
investigation shall be concluded within a period of three
months, to be counted from today.
5. Based on the aforesaid submission on
behalf of the State, this writ petition is disposed off with a
Patna High Court CR. WJC No.1335 of 2019 dt.23-08-2021
direction to the investigating agency to conclude the
investigation within a period of three months from today.
6. If the petitioners feel aggrieved by the
report of the police and its acceptance by the Court, the
petitioners would be at liberty to take recourse to the
appropriate remedies.
7. With the aforesaid observation/direction,
the writ petition stands disposed off.
(Ashutosh Kumar, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 24.08.2021
Transmission Date 24.08.2021
