Lal Babu Sah v. The State of Bihar through the Home Secretary, Home (Police) Dept. Bihar, Patna
CR. WJC/77/2025 · 2025-07-01
Sandeep Kumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 89722 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89722 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.77 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- DUMRA District- Sitamarhi ====================================================== Lal Babu Sah S/O Rijhan Sah R/O village - Bajitpur, P.S.- Dumra, Dist.- Sitamarhi ... ... Petitioner/s Versus
1. The State of Bihar through the Home Secretary, Home (Police) Dept. Bihar, Patna Bihar
2. The Director General of Police, Bihar Patna
3. The Superintendent of Police, Dist - Sitamarhi Bihar
4. The Station House Officer, P.S Dumra, Dist. - Sitamarhi Bihar
5. The District Officer, Sitamarhi Bihar
6. The Principal Secretary, Health Department, Bihar, Patna. Bihar
7. The Civil Surgeon Cum Chief Medical Officer, Dist.- Sitamarhi. Bihar
8. The Incharge Medical Officer, Sadar Hospital, Dist.- Sitamarhi. Bihar
9. The Incharge Medical Officer, Primary Health Centre, P.S. Dumra, Dist. Sitamarhi Bihar
10. Kishori Mahto S/o Late Bhawan Mahto R/o Village Bajitpur, P.S.- Dumra, Dist.- Sitamarhi. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar For the Respondent/s :
Mr. S.C.18 ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 01-07-2025 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This application has been filed for the following relief: I). For issuance of the appropriate writ/writs/direction/directions/order/orders , commanding the 'State -Respondents' for proper investigation by the Superior
Patna High Court CR. WJC No.77 of 2025(2) dt.01-07-2025 2/3 Police Officers, or by any other appropriate Police Officer/agency, in Dumra P.S. case no. 365/24 dated 18-08- 2024, registered for the offences under sections -127(1), 115(2), 118(1), 109, 74, 351(2), 352, 3(5) of the Bharatiya Nayay Sanhita 2023, which case of the petitioner is the prime case, as first informed by the petitioner to the Police, but malafidely the police in collusion of the accused of this very F.I.R. has registered this case of the petitioner later on, as after, institution of F.I.R. of accused persons being Dumra P.S. case no. – 359 of 2024 dated 16-08- 2024, with intention to vitiate the case of the petitioner which is proved/apparent from the perusal of both F.I.R. -Formats and signature made on their Fardbeyans. (ii). For issuance of the appropriate direction/directions to make inquiry in respect of medical/injury reports of the injured persons in Dumra P.S. case no. 365/2024 because doctors also have tried to make their injuries as simple in place of grievous in collisions of accused persons.
3. This application is disposed of with liberty to the petitioner to approach the Magistrate concerned for redressal of his grievances in accordance with law and in view of the law
Patna High Court CR. WJC No.77 of 2025(2) dt.01-07-2025 3/3 laid down by Hon’ble Supreme Court in the case of Sakiri Vasu v. State of U.P. reported as (2008) 2 SCC 409.
4. If such an application is filed before the Magistrate concerned, the Magistrate will act in accordance with law and will not keep the petition pending.
Shishir/- (Sandeep Kumar, J) U T