Citation : 2023 Latest Caselaw 1017 Patna
Judgement Date : 16 March, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.514 of 2022
Arising Out of PS. Case No.- Year-0 Thana- District- Patna
======================================================
Niraj Kumar Son of Gopal Prasad Resident of Village- Jethuli, P.S. - Nadi, District - Patna.
... ... Petitioner/s Versus
1. The State of Bihar through the Home Secretary, Deptt. of Home, Bihar, Patna. Bihar
2. The District General of Police- Cum- Inspector General of POlice, Patna Bihar
3. The Regional Inspector General of Police, Patna. Bihar
4. The Deputy Inspector General of Police, Patna. Bihar
5. The Senior Superintendent of Police, Patna. Bihar
6. The Superintendent of Police,Patna (East ), Patna. Bihar
7. The Deputy Superintendent of Police, Fatuha, Patna. Bihar
8. The Station House officer, nadi Police Station, Patna. Bihar
9. Sri Rajeshwar Rai Fathers name not known Sub-Inspector of Police, nadi Police Station, District - Patna.
10. Sri Kameshwar Singh fathers name not known Sub - Inspector of Police, nadi Police Station, District - Patna.
11. Sri Vinod Kumar Fathers name not known Sub- Inspector of Police, Nadi Police Station, District - Patna.
12. Sri Basant Ram fathers name not known Sub- Inspector of Police, Nadi Police Station, District - Patna.
13. Sri Vijay Kumar Fathers name not known Sub- Inspector of Police, Nadi Police Station, District - Patna.
14. Dharmvir Prasad Son of Basantu Rai Resident of Village - Jethuli, P.S. -
Nadi, District - Patna.
15. Babita Devi W/o- Dharamvir Prasad address not known
16. Khusboo Kumari D/o- Dharamvir Prasad Address not known
17. Rakesh Kumar Rai Son of not known address not known ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jata Shankar Jha, Adv. For the Respondent/s : Mr. M. Nasrul Huda Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 16-03-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
The present writ application has been filed for Patna High Court CR. WJC No.514 of 2022 dt.16-03-2023
issuance of a writ in the nature of Mandamus and/or any other
appropriate writ order or direction commanding upon the
respondents to get investigated the following cases by the
Criminal Investigation Department and submit final form on its
logical end:-
I. Nadi P.S. Case No. 181/2021 registered on
05.07.2021 U/S 147, 149, 341, 323, 325, 406, 420, 467, 468,
471, 379, 504, 304(a)/34 of the I.P.C. lodged by the informant
Dharamvir Prasad.
II. Nadi P.S. Case No. 323/2021 registered on
04.11.2021 U/Ss 341, 323, 427, 504, 506/34 of the I.P.C. lodged
by the wife of the Dharamvir Prasad namely, Babita Devi.
III. Nadi P.S. Case No. 356/2021 registered on
02.12.2021 U/Ss 147, 149, 342, 323, 553, 324, 225, 504, 506 of
the I.P.C. by the A.S.I. of Police Rameshwar Rai of Nadi Police
Station.
IV. Nadi P.S. Case No. 357/2021 registered on
02.12.2021 U/Ss 147, 148, 149, 341, 323, 304, 354(b), 427, 504,
379, 506 of the I.P.C. lodged by Dharamvir Prasad.
V. Nadi P.S. Case No. 369/2021 registered on
10.12.2021 U/Ss 341, 323, 504, 506, 420, 324, 379, 506/34 of
the I.P.C. on the basis of fardbeyan of the petitioner recorded on
01.12.2021 in P.M.C.H.
VI. Nadi P.S. Case No. 379/2021 registered on
09.12.2021 U/S 379 by the daughter of the Dharmvir Prasad Patna High Court CR. WJC No.514 of 2022 dt.16-03-2023
namely, Khusboo Kumari.
VII. Nadi P.S. Case No. 19/2022 registered on
23.01.2022 U/S 379 lodged by brother-in-law of Dharamvir
Prasad namely, Rakesh Rai.
Counsel for the petitioner seeks permission to
dispose of his writ petition in the light of order dated 09.09.2022
passed in Cr. WJC No.153 of 2017 to file his representation
before Superintendent of Police (Respondent No.5).
Counsel for the State submits that petitioner may be
directed to represent before the Superintendent of Police, Patna
who shall take the needful in the light of observations made in
Cr. WJC No. 153 of 2017.
In this view of the matter, the present writ application
is disposed of with liberty to the petitioner that he may file his
representation before the Superintendent of Police, Patna
(respondent no.5) who shall pass appropriate order and take
action in the light of order passed by the Hon'ble Court in the
above said judgment.
With this direction, this Cr. writ application is hereby disposed of.
(Dr. Anshuman, J.) prakashmani/-
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