Vijnanchandra Bhardwaj vs The State Of Bihar Through D.G.P., ...
2023 Latest Caselaw 2191 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.1506 of 2022
       Arising Out of PS. Case No.-514 Year-2022 Thana- BEGUSARAI MUFFASIL District-
                                            Begusarai
     ======================================================

Vijnanchandra Bhardwaj Son Of Late Naresh Chandra Roy, Vill.- Dahia, P.S.- Bhagwanpur, Distt.- Begusarai (Bihar) ... ... Petitioner/s Versus

1. The State Of Bihar Through D.G.P., Govt. Of Bihar, Patna

2. D.G.P., Govt. Of Bihar, Patna

3. D.I.G. Begusarai Bihar

4. S.P., Begusarai Bihar

5. Dy. S.P. Sadar Sub-Division, Begusarai Bihar

6. Dy. S.P. Teghra Bihar

7. Rajesh Kumar Ray, Officer In Charge Muffasil Police Station Bihar

8. Officer-In-Charge, Mahila Police Station, Begusarai Bihar

9. Officer-In-Charge, Bhaganpur Police Station Bihar

10. Manager, Mahila Help-Line, Begusarai Bihar

11. Dr. Of Panacea Hospital Begusarai Bihar

12. Dr. Of Manglam Hospital, Begusarai Bihar

13. Uma Bharti @ Gunjan Wife Of Mritunjay Bharadwaj and D/O- Hare Ram Ray R/O Vill.- Rajaura, Ward No. 11, P.S.- Muffasil, Begusarai, Distt.- Begusarai ... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Prasad Singh No.2, Advocate For the Respondent/s : Mr. Sheo Shankar Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 08-05-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

The present criminal writ application has been filed

for quashing F.I.R. of Muffasil (Begusarai) P.S. Case No. 514 of

2022 dated 26.09.2022 and further to command the respondents Patna High Court CR. WJC No.1506 of 2022 dt.08-05-2023

to make the investigation by C.I.D. as deeper question involved

in the present case particularly when complaint was made twice

before the Superintendent Police, Begusarai prior to filing the

F.I.R.

Learned counsel for the petitioner fairly submits that

during pendency of the Writ Petition charge-sheet has been filed

but he also submits that before the concerned Magistrate

petition has been filed for entertainment of those documents

which has not been considered during the investigation by the

I.O. He further submits that the concerned Magistrate took

cognizance in this matter and issued a direction to the Police

Authority in this regard.

Learned counsel for the state submits that in the case

of Surendra Singh Vs. State of Bihar and others vide order

dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with

analogous cases, direction has been given to the concerned

Magistrate that the said Magistrate as and when occasion shall

arise direct the police authority to take action under Section

173(8) of the Cr.P.C.

In this background, which has been taken place during

pendency of this case, this Court is granting liberty to the

petitioner that the petitioner shall file a petition before the Patna High Court CR. WJC No.1506 of 2022 dt.08-05-2023

concerned Magistrate raising all his grievances including

grievances relating to take action under Section 173(8) of the

Cr.P.C. within four weeks from today and the concerned

Magistrate shall take action in compliance of order passed in the

case of Surendra Singh Vs. State of Bihar and others on

09.09.2022 in Cr.W.J.C. No. 153 of 2017 with analogous cases.

With this direction, the present criminal writ

application is disposed off.

(Dr. Anshuman, J.) Ayush Tripathi/-

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