Om Prakash And ORS v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.286 of 2017 Arising Out of PS. Case No.-206 Year-2016 Thana- LAKHNAUR District- Madhubani ======================================================

1. Om Prakash Jha

2. Sri Preakash Jha @ Prakash Jha Both sons of Late Krishndeo Jha, resident of Village- Behat Dakshin Tole, Navtole, P.S.- Jhanjharpur R.S.O.P., District- Madhubani (Bihar)

3. Ugra Tara Devi, W/o Sri Navin Jha, resident of Village- Maharail, P.S. Andhra Thari, District- Madhubani (Bihar).

... ... Petitioners

Versus

1. The State Of Bihar through the Principal Secretary, Department Of Home, Govt. Of Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The Superintendent of Police (S.P.), Madhubani

4. The Deputy Superintendent of Police, Jhanjharpur, Madhubani

5. The Inspector of Police, Jhanjharpur Police Station, Madhubani

6. The Thana-incharge, Jhanjharpur O.P. Jhanjharpur, Madhubani

7. The Thana-Incharge, Lakhnaur (R.S.O.P.) Police Station, Madhubani ... ... Respondents 1st Party

8. Rajendra Sahay, S/o Late Bindeshwar Sahay, resident of Pathrahi, Post- Jhanjharpur R.S., P.S.- Lakhnaur, District- Madhubani (Bihar) (Informant) ... ... Respondent 2nd Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Nath Jha For the Respondent/s :

Mr.Md. Nadim Serajgp5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-07-2019 Though this application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the first information report of Lakhnaur (R.S.O.P.) P.S. Case No. 206 of 2016, during pendency of the application the investigation has been completed and charge-sheet has been submitted before the court.

Learned counsel for the petitioners submitted that after submission of the charge-sheet, the concerned court of

Patna High Court CR. WJC No.286 of 2017(2) dt.10-07-2019 2/2 Magistrate has taken cognizance of the offence. He contended that in view of the subsequent developments, which took place after filing of the case, this application may be disposed of with liberty to the petitioner to challenge the order taking cognizance of the offence by way of filing an application either under Sections 397 and 401 or Section 482 of the Code of Criminal Procedure.

In view of the submission made above, the application is disposed of with the liberty aforesaid.

(Ashwani Kumar Singh, J) Pradeep/- U T