Patna High Court
Kiran Devi vs The State Of Bihar Through The Principal ... on 15 October, 2025
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2617 of 2025
Arising Out of PS. Case No.-195 Year-2019 Thana- RIVILGANJ District- Saran
======================================================
Kiran Devi, Wife of Lakhan Prasad, Resident of Village - Panchpatra, Post-
Mukrera, Police Station- Rivilganj, District - Saran
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Patna
Bihar
2. The Director General of Police, Bihar, Patna
3. The district Magistrate, Saran
4. The Superintendent of Police, Saran
5. The Officer in-Charge, Rivilganj, Police Station, Saran
6. Abhishek Singh Son of Rakesh Singh Resident of Village - Pachpatra, Post-
Mukrera, Police Sation - Rivilganj, District - Saran
7. Ankit Singh son of Anil Singh Resident of Village - Pachpatra, Post-
Mukrera, Police Sation - Rivilganj, District - Saran
8. Rakesh Singh son of Daneshwar Singh Resident of Village - Pachpatra,
Post-Mukrera, Police Sation - Rivilganj, District - Saran
9. Anil Singh son of Daneshwar Singh Resident of Village - Pachpatra, Post-
Mukrera, Police Sation - Rivilganj, District - Saran
10. Dinesh Singh Son of Daneshwar Singh Resident of Village - Pachpatra,
Post- Mukrera, Police Sation - Rivilganj, District - Saran
11. Ganesh Singh Son of Dinesh Singh Resident of Village - Pachpatra, Post-
Mukrera, Police Sation - Rivilganj, District - Saran
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash, Advocate
Ms. Parul Priya, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 15-10-2025
Heard learned counsel for the petitioner and learned
counsel for the State.
2. The instant writ petition has been filed by the
petitioner seeking following reliefs :-
Patna High Court CR. WJC No.2617 of 2025 dt.15-10-2025
2/5
(i) For issuance of necessary direction upon
the Judicial Magistrate 1 Class, Chapra,
Saran to adjudicate the petitioner's petition
dated 01.08.2025 on merit filed within the
provision of under section 379 of Bhartiya
Nagarik Surakasha Sanhita (corresponding
to section 340 of Criminal Procedure Code)
praying therein to call for the original
record of Trial no. 1692/2025 from the
office, issue notice to respondent no. 6 to 11
and after coming to the funding that the
respondent no. 6 to 11 have committed the
offence of forgery, impersonation, perjury,
fraud and giving false evidence in judicial
proceedings, pass the necessary order in
accordance with law.
(ii) For issuance of necessary direction upon
the concerned respondents to persevere the
CCTV footage of the concerned Trial Court
premises i.e., the premises of Judicial
Magistrate 1 Class, Chapra, Saran, dated
05.07.2025
, 16.07.2025 and 19.07.2025.
(iii) For direction upon the concerned
respondents for forensic examination of
petitioner's signature/thumb impression on
the alleged compromise petition and
deposition by comparing with the
petitioner's admitted signature.
(iv) For issuance of any other appropriate
order/direction for which the petitioner be
Patna High Court CR. WJC No.2617 of 2025 dt.15-10-2025
found entitled to, in the factual matrix and
legal aspect of the case in consideration of
this Hon'ble Court and in the interest of
justice.
3. The learned counsel for the petitioner submits that
the petitioner was the informant of Rivilganj P.S. Case No. 195
of 2019 in which private respondents were made accused. The
trial proceeded in the matter vide Case No./R.No.5269/2019.
However, the accused persons made an imposter appear before
the learned trial court and a compromise petition was filed. The
evidence of the imposter was recorded and the accused persons
were acquitted. When the petitioner came to know about all
these facts, she made enquiry and, thereafter, she came to know
about the mischief committed by the accused persons. The
learned trial court did not look into the fact that the vakalatnama
filed on behalf of imposter was unsigned and the signature and
thumb impression of the petitioner were different on
compromise petition. When the petitioner filed an application
for making enquiry under Section 379 of BNSS. The learned
trial court did not pass any orders. The learned counsel further
submits that the CCTV footage of the court concerned and
premise also needs to be preserved for 05.07.2025, 16.07.2025
and 19.07.2025 when the person impersonating the petitioner
Patna High Court CR. WJC No.2617 of 2025 dt.15-10-2025
appeared and certain documents had been brought on record at
the instance of such imposter.
4. The learned counsel appearing on behalf of the
State-respondents submits that appropriate orders may be passed
in this case.
5. At this stage, this Court is not concerned with the
other prayers of the petitioner. The concern of the Court is only
with regard to the fact that when the application has been filed
on 01.08.2025 under Section 379 of BNSS, the learned Judicial
Magistrte, 1st Class, Saran at Chapra failed to pass any orders.
6. Since there is specific submission of learned
counsel for the petitioner that no orders have been passed on the
application dated 01.08.2025 of the petitioner filed under
Section 379 of BNSS, I think it appropriate that the learned
Judicial Magistrate, 1st Class, Saran at Chapra be directed to
pass orders on the application of the petitioner. At the same
time, the learned Principal District & Sessions Judge, Saran at
Chapra is also required to preserve the CCTV footage from
05.07.2025 to 19.07.2025 for the court concerned and the
premises, if not already deleted, considering the serious nature
of allegation.
7. Therefore, the learned Judicial Magistrate, 1 st Class,
Patna High Court CR. WJC No.2617 of 2025 dt.15-10-2025
Sarana at Chapra is directed to dispose of the application dated
01.08.2025 filed by the petitioner under Section 379 of BNSS at
the earliest preferably within a period of four weeks from the
date of receipt/production of a copy of this order in accordance
with law.
8. At the same time, learned Principal District &
Sessions Judge, Saran at Chapra is requested to preserve the
CCTV footage of 05.07.2025 till 19.07.2025 for the court
concerned and the premises, if not already deleted.
9. With the aforementioned observations/directions,
the instant writ petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.10.2025
Transmission Date 16.10.2025
