Patna High Court
Meghan Paswan vs The State Of Bihar, Through The ... on 16 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.793 of 2023
Arising Out of PS. Case No.-72 Year-2022 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
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MEGHAN PASWAN SON OF LATE DAROGI PASWAN Resident of
Karimtol, Ward no. 7, P.S. - Birpur, Distt. - Begusarai
... ... Petitioner
Versus
1. The State of Bihar, Through the Principal Secretary, Home Department,
Patna Bihar
2. The Director General of Police, Police Headquarter, Sardar Patel Bhawan,
Bailey Road, Patna Bihar
3. The Deputy Inspector General, Begusarai Range, DIG Office, Begusarai
Bihar
4. The Superintendent of Police, Begusarai, Kachahri Road, Begusarai Bihar
5. The Officer In-charge, P.S. - Balia, District - Begusarai Bihar
6. The Officer Incharge, Birpur P.S., District - Begusarai Bihar
7. X
8. Y
9. Z
... ... Respondents
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Appearance :
For the Petitioner/s : Mr. Sagar Suman, Advocate
For the Respondent/s : Mr. Prabhu Narain Sharma, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
Date : 16-05-2023
The present writ application under Articles 226 and
227 of the Constitution of India has been filed by the petitioner
seeking direction to the respondents No. 1 to 6 and 9 to produce
respondents No. 7 and 8 before this Court, who, according to
him, are traceless since 26.08.2022 and illegally detained by
Patna High Court CR. WJC No.793 of 2023 dt.16-05-2023
Respondent No. 9.
2. It is directed that let in the cause title of the present
order the names of Respondents No. 7, 8 and 9 be not printed so
as to save them from unnecessary social embarrassment which
may be caused to them. Let them be described as X, Y and Z in
the cause title of the present order. It is the petitioner's case that
he is the grandfather of Respondent No. 7. Respondent No. 8 is
the daughter of Respondent no. 9. Be it noted that the
respondent No. 9(Z) has got registered an FIR with the Balia
Police Station in the district of Begusarai for kidnapping of Y
against X and his family members which is pending for
investigation. This petitioner has also filed a complaint case
before the Special Court SC/ST, Begusarai on 13.09.2022,
giving rise to Complaint Case No. 72 of 2022, seeking a
direction inter alia for registration of FIR as regards kidnapping
of his grandson(X). In the said complaint petition Z(Respondent
No. 9) and his family members have been made accused. When
this case was taken up for admission, the Court had disclosed its
mind to learned counsel for the petitioner that this application
was misconceived and amounted to abuse the process of this
Court particularly, in the wake of two criminal cases already got
registered, one by the present petitioner and the other by Z.
Patna High Court CR. WJC No.793 of 2023 dt.16-05-2023
Learned counsel for the petitioner has, however, insisted to
press this application making this court to pass the present order.
3. It is the petitioner's own case that his grandson(X)
is traceless since 26.08.2023. Y is missing, according to the FIR
lodged of Z, since 26.08.2022. It is not in dispute that the
investigation into the criminal case is pending. In the said
background, institution of the present writ petition seeking
direction from this Court to Z to produce X and Y before this
Court on a presumption that they are in custody of Z, is, in the
Court's opinion an abuse of the process of this Court.
4. This writ petition is accordingly dismissed with a
cost of Rs. 5,000/- to be paid by the petitioner in the account of
Patna High Court Legal Services Committee within four weeks.
5. List this case on 20.06.2023, under the Heading "To
be Mentioned" to report compliance of the present order as
regards the payment of cost.
(Chakradhari Sharan Singh, J)
(Rajiv Roy, J)
Nishant/Suraj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.05.2023
Transmission Date 22.05.2023
