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Niraj Kumar vs The State Of Bihar Through The Home ...
2023 Latest Caselaw 1017 Patna

Citation : 2023 Latest Caselaw 1017 Patna
Judgement Date : 16 March, 2023

Patna High Court
Niraj Kumar vs The State Of Bihar Through The Home ... on 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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