Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 52804 (PAT)

VIJAY KUMAR v. THE STATE OF BIHAR THROUGH THE ADDITIONAL CHIEF SECRETARY OF HOME DEPARTMENT, BIHAR, PATNA

CR. WJC/1144/2023 · 2025-01-21

Bibek Chaudhuri

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1144 of 2023 Arising Out of PS. Case No.-492 Year-2023 Thana- JAHANABAD District- Jehanabad ====================================================== 1. Vijay Kumar Son Of Late Balkeshwar Sharma Resident Of D.N. Cold Store, Near Railway Station, Jehanabad, Police Station - Jehanabad, District - Jehanabad 2. Nilam Kumar @ Nilam Kumari Wife Of Sri Vijay Kumar Resident Of D.N. Cold Store, Near Railway Station, Jehanabad, Police Station - Jehanabad, District - Jehanabad 3. Shailesh Kumar Son Of Sudarshan Sharma Resident Of Village - Asiyawan, Police Station - Kako, District - Jehanabad ... ... Petitioner/s Versus 1. The State Of Bihar Through The Additional Chief Secretary Of Home Department, Bihar, Patna Bihar, Patna 2. The Director General Of Police, Bihar, Patna Patna 3. The Superintendent Of Police, Jehanabad, District - Jehanabad Jehanabad 4. The Sub-Divisional Police Officer, Jehanabad, District - Jehanabad District - Jehanabad 5. The Station House Officer-Cum-Police Inspector Of Jehanabad, Police Station, District - Jehanabad District - Jehanabad 6. The Investigation Officer Of Jehanabad Town P.S. Case No. 493/2023, District - Jehanabad District - Jehanabad ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Mouar, Adv. For the State : Mr. Iqbal Asif Niazi, AC to GP-5 For respondents : Mr. Anil Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 6 21-01-2025 The petitioners are accused persons in connection with Jehanabad P.S. Case No. 493 of 2023, under Section 341/323/379/504/34 of the I.P.C., on the basis of a written complaint submitted by private respondent no.-7. The petitioners have filed the instant writ petition for quashment of Patna High Court CR. WJC No.1144 of 2023(6) dt.21-01-2025 2/2 the F.I.R. 2. It is ascertained from the submission made by the learned Advocate for the State/respondents that the private respondent no. 7/informant is the full brother of petitioner no. 1. A long standing family dispute is going on between two brothers and there are case and counter case against both the parties. 3. In view of such circumstances, this Court finds that it is for the Police Authorities to ascertain upon investigation, as to whether the investigation of the case will culminate to initiation of trial against the petitioners. 4. This Court on application of Article 226 and 227 of the Constitution of India cannot agitate at this stage that the F.I.R. was false and it is liable to be quashed. 5. In view of such circumstances, the instant criminal writ petition is dismissed on contest. pravinkumar/- (Bibek Chaudhuri, J) U T