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2025 DAILYLAW 41516 (PAT)

Krishna Kumar Sharma @ K.K. Sharma v. The State of Bihar through its Chief Secretary, Govt. of Bihar, Main Secretariat, Patna

CR. WJC/1063/2025 · 2025-07-03

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1063 of 2025 Arising Out of PS. Case No.-108 Year-2022 Thana- TRAFFIC P.S. BYPASS District- Patna ====================================================== Krishna Kumar Sharma @ K.K. Sharma Son of Late Ramakant Prasad Sharma village -Maranchi Bhagat, PS- Maranchi, District -Patna, presently Residing at 2M/70 Bahadurpur Housing colony, Mahatma Gandhi Nagar, PS -Agamkuan, District -Patna ... ... Petitioner/s Versus 1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Main Secretariat, Patna 2. Director General of Police, Bihar, Sardar Patel Bhawan, Bailey Road, Patna Bihar 3. Inspector General of Police (Law and Order), Sardar Patel Bhawan, Bailey Road, Patna bihar 4. Senior Superintendent of Police, Patna bihar 5. Superintendent of Police East, Patna Bihar 6. Superintendent of Police, Traffic, Patna Bihar 7. SHO Traffic Bypass Ps, Patna Bihar 8. Investigating Officer of the Traffic Bypass Ps Case No. 108 of 2022, Ps- traffic Bypass, Patna Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Anupam Prabhat Shrivastava For the Respondent/s : Mr.S.C.7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 03-07-2025 Heard the parties. 2. The present criminal writ application has been filed for the following relief(s):- “(i) For issuance of appropriate writ of Mandamus to immediately direct the respondent authorities to constitute Special Investigation Team (SIT) comprising of higher police officials and to immediately conduct due and proper Patna High Court CR. WJC No.1063 of 2025(2) dt.03-07-2025 2/3 further investigation into the case of the Informant/Petitioner bearing Traffic Bypass P.S. Case No. 108/2022 by considering the grievances of the petitioner, evidences including CCTV Camera Footage and statement of the witnesses, and submit the detailed report before the Hon’ble Court therein and upon conducting due and proper investigation through SIT submit chargesheet in Traffic Bypass P.S. Case No. 108/2022 before the Ld. Court of A.C.J.M.-1st Patna City (where the Traffic Bypass P.S. Case No. 108/2022 is pending its adjudication) thereof. (ii) For issuance of direction to the Ld. Court of A.C.J.M.-1st, Patna City as not to take cognizance into the Traffic Bypass P.S. Case No. 108/2022 until and unless due and proper investigation is conducted through SIT per order of this Hon’ble Court and the report is not submitted before this Hon’ble Court therin. (iii) For issuance of commanding the respondent authorities to immediately take strict actions and coercive measures against the accused persons of Traffic Bypass P.S. Case No. 108/2022 and the real accused persons who have conspired and colluded to evade from the prosecution by producing false and dummy person before the Ld. Court below in the place of the real accused persons. (iv) For any other relief/reliefs as your lordships may deem fit and proper.” 3. The contention of the petitioner is that the offending vehicle was being driven by a lady but to save her, the Patna High Court CR. WJC No.1063 of 2025(2) dt.03-07-2025 3/3 police has submitted charge-sheet against the driver and not the lady. 4. In these circumstances, the petitioner is directed to approach the ADG, Traffic, Patna. The case is pending for further investigation. The ADG, Traffic, Patna will personally examine the case and thereafter submit a report in the court below. 5. The application stands disposed of. Ranjeet/- (Sandeep Kumar, J) U T