Chandra Shekhar Paswan v. The State Of Bihar Through Principal Secretary, Deptt. Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.165 of 2020 Arising Out of PS. Case No.-279 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== Chandra Shekhar Paswan Son of Dular Chand Paswan Village- Bankipur, Machhiriyawan, P.S.- Station, Fatuha, Distt- Patna. ... ... Petitioner

Versus

1.

The State of Bihar Through Principal Secretary, Deptt. Of Home, Govt. Of Bihar, Patna Bihar 2.

The Director General of Police, Bihar, Patna 3.

The Deputy Inspector General of Police, Muzaffarpur Division, Muzaffarpur.

4.

The Superintendent of Police, Samastipur 5.

The Deputy Superintendent of Police, Samastipur 6.

The S.H.O., Ujjiyarpur Police Station, Samastipur. 7.

The Investing Officer, Ujjiyarpur Police Station, Samastipur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-03-2020 Grievance of the petitioner in the present writ application is that the Investigating Officer of the case has not added the provisions of Scheduled Castes and Scheduled Tribes Act, 1989 in the F.I.R. The petitioner wants a direction to that effect from this Court.

Learned counsel for the State submits that the writ application as framed is totally misconceived inasmuch as the petitioner will have an opportunity to raise such issues at an appropriate stage particularly at the framing of charge.

Patna High Court CR. WJC No.165 of 2020(2) dt.03-03-2020 2/2 This Court is in agreement with the submission of learned counsel for the State, at this stage no direction may be given in the writ jurisdiction. Petitioner will be at liberty to raise all such pleas which will be available to him at appropriate stage in the court below.

Application stands disposed of.

(Rajeev Ranjan Prasad, J) vats/- U T