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2025 DAILYLAW 15403 (PAT)

MD. IZHAR ALAM v. The State of Bihar through the Principal Secretary, Homes Dept., Govt. of Bihar, Old Secretariate

CR. WJC/338/2023 · 2025-04-28

Sandeep Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.338 of 2023 Arising Out of PS. Case No.-11 Year-2011 Thana- MANIYARI District- Muzaffarpur ====================================================== MD. IZHAR ALAM S/o Late Abdul Rauf R/o Village- Basatpur Malikantola, P.O.- Barkagaon, P.S.- Karja, Distt- Muzaffarpur. Presently R/o Village and P.O.- Sumera, P.S.- Turki, Distt- Muzaffarpur, but named in FIR as Md. Murtuza @ Md. Izhar Alam, S/o Sheikh Taliv, R/o Village- Sugiya Katsari, P.S.- Sheohar, Distt- Sitamarhi. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Homes Dept., Govt. of Bihar, Old Secretariate The State of Bihar through the Principal Secretary, Homes Department, Govt. of Bihar, Old Secretariat, Patna-1. 2. The Superintendent of Police, Muzaffarpur. Bihar 3. The SHO, Karja P.S., Karja, Block- Marman (Old Block- Kanti), Muzaffarpur. Bihar 4. The SHO, Maniyari P.S., Maniyari, Block- Kurahni Turki, Muzaffarpur. Bihar 5. Devendra Kumar Jha S/o Late Tarkeshwar Jha, R/o Village- Tetari, Nawgachiya, Bhagalpur, Posted as Regional Education Officer, Sakra. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Vagisha Pragya Vacaknavi For the Respondent/s : Mr.Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 28-04-2025 Heard the learned counsel for the petitioner and the learned counsel for the State. 2. This application has been filed for quashing of FIR of Maniyari P.S. Case No. 11 of 2011 registered under Sections 420, 467, 468, 471 of the IPC and also for quashing of the entire criminal proceedings arising there from being Trial No. 790 of 2020 including framing of charge dated 19.10.2022 pending in the Court of learned S.D.J.M. West Muzaffarpur. Patna High Court CR. WJC No.338 of 2023(2) dt.28-04-2025 2/2 3. The petitioner had not filed any application under Section 337 of the B.N.S.S. at the time of framing of charge. 4. This application is disposed of with liberty to the petitioner to file an application under Section 337 of the B.N.S.S. before the Court below. 5. If any such application is filed before the Court below, the same shall be disposed of by the Trial Court within one month of its filing after hearing the parties. Shishir/- (Sandeep Kumar, J) U T