MANOJ SAW v. The State of Bihar through the Director General of Police, Old Secretariat, Patna.
CR. WJC/316/2024 · 2026-02-19
Arun Kumar Jha
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1470 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1470 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.316 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Manoj Saw S/o Late Domi Saw Resident of Village-Chautha, P.O.-Rajauli, P.S.-Rajauli, District-Nawada, Bihar-805125 ... ... Petitioner/s Versus
1. The State of Bihar through the Director General of Police, Old Secretariat, Patna. Patna
2. The Inspector General of Police, Magadh Division, District-Nawada. Nawada
3. The Deputy Inspector General of Police, Magadh Division, District-Nawada. Nawada
4. The Superintendent of Police, Nawada, District-Nawada. Nawada
5. The Deputy Superintendent of Police, P.O and P.S.-Rajuali, District-Nawada. Nawada.
6. Xavier Lakra, Sub-Inspector-Cum-Investigating Officer, P.O. and P.S.- Rajuali, District-Nawada. Nawada.
7. Sihvalik Yadav S/o Lalo Yadav Sakin-Chautha, P.S.-Rajuali, District- Nawada.
8. Sideshwar Yadav S/o Lalo Yadav Sakin-Chautha, P.S.-Rajuali, District- Nawada.
9. Satish Yadav S/o Karu Yadav Sakin-Chautha, P.S.-Rajuali, District-Nawada.
10. Naresh Yadav S/o Lakahan Yadav Sakin-Chautha, P.S.-Rajuali, District- Nawada. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhinay Priyadarshi, Advocate For the Respondent/s : Mr. Sanjay Kumar, AC to GA-13 ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT Date : 19-02-2026 The petitioner has filed the present writ petition seeking following reliefs :
“(i) For issuance of appropriate writ/writs
order/orders
direction/directions
for commanding the respondents to properly and
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026 2/4 expeditiously investigate Rajuali P.S. Case No:-428 of 2023 lodged by the petitioner under Sections-306/34 of the Indian Penal Code on 09.08.2023 with the Rajuali Police Station. (ii) For issuance of further appropriate writ/writs order/orders direction/directions to the respondents authorities to take immediate steps for investigation and collecting evidence so that the named accused persons in the F.I.R. may not temper with the evidence. (iii) For issuance of further appropriate writ/writs order/orders direction/directions for a direction to I.O. i.e. Respondent No.6, Xavier Lakra to take coercive measures during the course of investigation against the named accused persons being respondents no:- 7 to 10. (iv) For issuance of any other writ/writs
order/orders direction/directions as it deem fit in the facts and circumstances of the case”.
2. The learned counsel appearing on behalf of State- respondents, at the outset, submits that a final form has been submitted in the said Rajaoli P.S. Case No.428 of 2023 way back on 30.09.2023 and the case was found to be a case of mistake of fact. Despite submission of closure report/final form, the petitioner has filed the present writ petition seeking proper
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026 3/4 investigation which is clearly misuse of process of law. Since the final form has already been submitted, nothing remains in the matter. The petitioner has also filed protest petition before the court of learned Additional Chief Judicial Magistrate-III, Nawada. Therefore, the present petition be dismissed with heavy cost.
3. The learned counsel appearing on behalf of the petitioner submits that the petitioner has filed a supplementary affidavit bringing on record the fact about submission of final form and filing of protest petition. The learned counsel further submits that the entire investigation was biased and flawed, resulting in a grave miscarriage of justice. Thus, the learned counsel prays for re-investigation in the matter.
4. Having regard to the rival submission of the parties and considering the fact that the final form/closure report has already been submitted in the matter showing it to be a case of mistake of fact and the petitioner has already before the court concerned with his protest petition, the petitioner is directed to pursue his remedy before the learned trial court, which is
directed to pass an appropriate orders on his protest petition in accordance with law considering the fact that the protest petition is stated to be filed on 10.10.2023.
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026 4/4
5. With the aforesaid observations/directions, the present writ petition stands disposed of.
V.K.Pandey/- (Arun Kumar Jha, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 20.02.2026 Transmission Date 20.02.2026