IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1518 of 2023 Arising Out of PS. Case No.-211 Year-2021 Thana- DHAKA District- East Champaran ====================================================== Mohini Modita D/o Upendra Mohan Verma, W/o Ravi Kumar R/o House No. R/21, Aam gola Road, Parow Pokhar Lane No. 02, Mathurapur, P.S. - Kazi Mohammadpur, Distt. - Muzaffarpur, at present residing at Radiant Blossom, Flat No. 110, 2a Cross, Vagdevi Layout, Shirdi Sai Nagar, Munnekolola, Sai Baba Temple road, P.S. - Marathahalli, Banglore ... ... Petitioner Versus 1. The State of Bihar 2. The Additional Chief Secretary, Department of Home, Gov. of Bihar, Patna Bihar 3. The Director General of Police, Bihar, Patna Bihar 4. The Additional Director General, Weaker Section, Crime Investigation Dep., Bihar, Patna Bihar 5. The Inspector General of Police, Tirhut Zone, Muzaffarpur Bihar 6. The Deputy Inspector General of Police, Tirhut Range, Muzaffarpur Bihar 7. The Superintendent of Police East Champaran, Motihari Bihar 8. The Sub-Divisional Police Officer, Sikrahana, Dhaka, East Champaran (Motihari) Bihar 9. Shri Abhay Kumar Son of Not Known Officer-In-Charge, Dhaka Police Station, East Champaran (Motihari) 10. Shri Shivendra Kumar Anubhavi Son of Not Known Erstwhile Sub- Divisional Police Offcier, (Supervision Authority/officer Vide Dhaka P.S. case no. 211/2021 dated 03-05-2021), Sikrahna, Dhaka, East Champaran, Motihari 11. Shri Md. Shoaib Son of Not Known Sub-Inspector of Police, Dhaka Police Station, East Champaran, Motihari (Investigating Officer Vide Dhaka P.s. case no. 211/2021 dated 03-05-2021) ... ... Respondents ====================================================== Appearance : For the Petitioner : Mr. Suman Kumar Verma, Advocate For the State : Mr. Deepak Kumar, A.C. to G.P-4 For the Respondent No.9 to 11 : M/s Ginni Priya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 4 17-08-2026 The present petition has been preferred by the Petitioner being aggrieved by the filing of the final form by the police in Patna High Court CR. WJC No.1518 of 2023(4) dt.17-08-2026 2/4 Dhaka Police Station Case No. 211 of 2021, registered on 03.05.2021 for the offence punishable under Section 304 B read with section 34 of the Indian Penal Code. 2. The final form was filed on 04.07.2021 in the Court of the Jurisdictional Magistrate. The Petitioner is not satisfied with the investigation of the Investigating Officer. The petitioner is also seeking action against the Investigating Officer, Officer-In- Charge and Supervising Police Officer. The Petitioner is also seeking fresh investigation/re-investigation in the said Dhaka P.S. Case No. 211 of 2021. 3. I heard learned counsel for the State Officials, learned counsel for the Investigating Officer, S.H.O and Supervising Police Officer. 4. Learned counsel for the Petitioner submits that the final form closing the case against all the accused persons was filed on 04.07.2021 finding no evidence against them. Hence, he filed a protest/Complaint petition being no. 163 of 2021, in which, after inqiury, vide order dated 16.11.2021 learned S.D.J.M., had taken cognizance of offence punishable under Section 304 B read with Section 34 of the Indian Penal Code against three persons including the husband, father-in-law and mother-in-law of the deceased. However, there was no progress thereafter. In Patna High Court CR. WJC No.1518 of 2023(4) dt.17-08-2026 3/4 the year 2023, the present writ petition was preferred on 06.09.2023 pressing the prayer as mentioned above. 5. Learned counsel for the Petitioner further submits that fair investigation is sine qua non for fair trial, and hence, for fair investigation, there must be further investigation or re- investigation by a different agency like C.I.D because he is not expecting any justice from the police, who has gone in collusion with the accused persons and filed the final form. 6. Per contra learned counsel for the State and learned counsel for the Police Officials submit that the present writ petition is not maintainable. The Petitioner has already preferred efficacious alternative remedy by way of filing protest petition/complaint which is in progress, in which, after inquiry, learned S.D.J.M. has also taken cognizance against three persons, though the Petitioner was seeking summoning of nine persons besides the three accused persons summoned in the protest/complaint. But again the Petitioner has remedy by way of moving appropriate petition against the impugned order by which summons has not been issued against the rest accused persons. But the Petitioner cannot persue two remedies - the protest petition/complaint as well as this writ petition. Only either of the them can continue and in view of the earlier filing Patna High Court CR. WJC No.1518 of 2023(4) dt.17-08-2026 4/4 of the protest petition, which is still going on, this writ petition cannot be entertained because the Petitioner is already pursuing efficacious alternative remedy. 7. I considered the submission of the parties. 8. I agree with learned counsel for the State and learned counsel for the police officials that in view of the protest petition/complaint filed before the Jurisdictional Magistrate in the year 2021, the filing of Criminal Writ Petition in the year 2023 is not maintainable/entertainable because the Petitioner is already pursing efficacious alternative remedy. In case the Petitioner is aggrieved with any order of the Jurisdictional Magistrate/S.D.J.M. passed in that complaint proceeding, he has judicial remedy before the higher Court. This petition cannot go along with the protest petition/complaint filed before learned S.D.J.M. 9. Accordingly, the present petition is disposed of with liberty to the Petitioner to persue his remedy against any order passed in the compliant proceeding if he is aggrieved with. Chandan/- (Jitendra Kumar, J.) U T