IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1441 of 2025 Arising Out of PS. Case No.-238 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== Rajendra Singh S/o Late Sardar Charan Singh Resident of M/S Bhargo Saw Mill Compound, Mithapur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Deptt. of Home, Govt. of Bihar 2. The Director General of Police, Bihar Patna 3. The Senior Superintendent of Police, Patna Bihar 4. The Station House Officer, Jakkanpur, Patna Bihar 5. Karnail Singh S/o Late Charan Singh R/o M/s Bhargo Saw Mill Compund, Mithapur, P.S.- Jakkanpur, Distt.- Patna 6. Sukhinder Singh S/o Karnail Singh R/o M/s Bhargo Saw Mill Compound, Mithapur, P.S.- Jakkanpur, Distt.- Patna 7. Navdeep Singh S/o Karnail Singh R/o M/s Bhargo Saw Mill Compund, Mithapur, P.S.- Jakkanpur, Distt.- Patna 8. Amandeep Singh S/o Karnail Singh R/o M/s Bhargo Saw Mill Compound, Mithapur, P.s.- Jakkanpur, Distt.- Patna ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. P. N. Shahi, Sr. Advocate Mr.Sauravh Singh, Advocate Mr. Vinay Mistry, Advocate For the respondent no. 5 : Mr. Ashutosh Nath, Advocate Mr. Amritanshu Dangi, Advocate Md. Aatiq Iqbal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 04-08-2025 Heard learned Senior Counsel for the petitioner; learned counsel for the State and learned counsel for the respondent no. 5. 2. The petitioner has moved the Court for the following reliefs: Patna High Court CR. WJC No.1441 of 2025(2) dt.04-08-2025 2/3 “(i) For issuance of writ in the nature of Mandamus directing the Respondent No. 3 to take custodial interrogation of the Respondent No. 5 to 8 in Jakkanpur P.S. Case No. 238 of 2021 dated 24.05.2021 instituted for offences punishable under Section-406, 420, 506/34 of the Indian Penal Code as the Respondent No.5 to 8 had paid money of Rs. Six Lakhs to the Supari Killar for murder of the petitioner and they had threatened the petitioner to withdraw Eviction Suit No. 07 of 2018 from the Civil Court, Patna City, Patna. (ii) For issuance of a writ in the nature of Mandamus directing the Respondent No. 3 to issue notice under Section 35(3) of BNSS, 2023 to the Respondent No. 5 to 8 and accordingly to submit charge-sheet in connection with Jakkanpur P.S. Case No. 238 of 2021 as since the police has neither issued notice under Section-41(A) of the Code of Criminal Procedure, 1973 read with Section 35(3) of BNSS, 2023 for appearance of the Respondent No. 5 to 8 nor the police has completed the investigation after lapse of about four years of the institution of the FIR.” 3. This application is disposed of in light of the Judgment of the Hon’ble Supreme Court in the case of Sakiri Vasu vs. State of U.P., reported as (2008) 2 SCC 409. 4. The petitioner may approach the Magistrate concerned for redressal of his grievances and if such an application is filed, the Magistrate concerned will pass an appropriate order in accordance with law. 5. This Court has not expressed any opinion with regard to the grievance of the petitioner and the observation Patna High Court CR. WJC No.1441 of 2025(2) dt.04-08-2025 3/3 made above shall not be treated as a direction to the Magistrate to pass an order in favour of the petitioner. P. Kumar (Sandeep Kumar, J) U T