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2025 DAILYLAW 55013 (PAT)

Sanjay Rai @ Guddu Rai v. The State of Bihar through the Director General of Police, Bihar, Patna

CR. WJC/1400/2025 · 2025-07-07

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1400 of 2025 Arising Out of PS. Case No.-318 Year-2024 Thana- RAJPUR District- Buxar ====================================================== 1. Sanjay Rai @ Guddu Rai son of Roop Narayan Rai Village- Sikraul, Ps- Rajpur, Dist- Buxar 2. Sunil Kumar Rai @ sunil Rai son of Late Vansh Narayan Rai Village- Sikraul, Ps- Rajpur, Dist- Buxar ... ... Petitioner/s Versus 1. The State of Bihar through the Director General of Police, Bihar, Patna bihar 2. The Superintendent of police, Buxar bihar 3. The Station House Officer, Rajpur PS, Buxar bihar 4. The Investigating Officer of Rajpur Ps Case no. 318 of 2024 Rajpur Ps, Buxar bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate : Mr. Amresh Kumar, Advocate For the Respondent/s : Mr. Sarvesh Kumar Singh, A.A.G.13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 07-07-2025 Heard learned senior counsel for the petitioners and learned counsel for the State. 2. This application has been filed for seeking following reliefs: (i) For quashing the First Information Report bearing Rajpur P.S. Case No. 318 of 2024 dated 10.10.2024 offence alleged under section 103(i), 238/61 (ii)/3(v) of the Bhartiya Nyay Sanhita, 2023 and the case is at present pending in the court of learned ACJM-1st, Buxar. (ii) For quashing the Charge Sheet Patna High Court CR. WJC No.1400 of 2025(2) dt.07-07-2025 2/2 No. 306 of 2024 dated 31.12.2024 which has been submitted by the police without proper investigation of the case. 3. It has been submitted by learned senior counsel for the petitioners that charge-sheet has been filed on 31.12.2024 without investigating the case properly. 4. In these circumstances, this application is disposed of with a liberty to the petitioner to move before the concerned Magistrate for proper investigation, by way of filing an application, in the light of Sakiri Vasu vs. State of U.P., reported as (2008) 2 SCC 409. 5. If such an application is filed, the same shall be considered and disposed of by the concerned Magistrate in accordance with law. anand/- (Sandeep Kumar, J) U T