Rameshwar Choudhary @ Rameshwar Yadav v. The State Of Bihar Through The Director General Of Police Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.121 of 2025 Arising Out of PS. Case No.-820 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rameshwar Choudhary @ Rameshwar Yadav S/O Surya Choudhary Resident of Village - Ward No. 5, Harkhauli, Paschim Tola, P.S. - Uchkagaon, District - Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police Govt. of Bihar, Patna Bihar 2.

The District Magistrate, Gopalganj. Bihar 3.

The DIG Saran. Bihar 4.

The Superintendent of Police, Gopalganj Bihar 5.

The Officer in Charge, Gopalganj, Police Station, Gopalganj Bihar 6.

Nityanand Dubey Son of Late Shiv Nath Dubey Resident of Village - Bhit Bherwa Ward No. 1. PS Gopalganj, District - Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Respondent/s :

Mr. G.P.22 Mr. K.K. Singh, AC to GP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-06-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This writ petition has been filed for on behalf of the petitioner for the following reliefs:

i). To direct the Respondent Authority to conduct a proper and scientifically sound investigation into Gopalganj P.S. Case No. 820 of 2024 registered U/Ss 103 (1), 61 (2), 3 (5) of the I.P.C. and 27 of the Arms Act.

II). To direct that the name of the

Patna High Court CR. WJC No.121 of 2025(2) dt.26-06-2025 2/3 accused Parmendra Yadav @ Parmendra Kumar Son Rameshwar Choudhary @ Rameshwar Yadav (Petitioner) be expunged from the accused list i.e. in Column No. 7 because the said Parmendra Yadav @ Parmendra Kumar is quite innocent and did not commit any instant occurrence rather he has falsely been dragged in the instant case due to highly motivated informant / Respondent No. 5 and mala fidely.

III). To direct the Respondent Authority to have Gopalganj P.S. Case No. 820 of 2024 investigated by a Superior Officer to ascertain the truth behind the false implication of the accused Parmendra Yadav @ Parmendra Kumar (Son of the Petitioner).

IV). To hold and declare that in terms of facts and circumstances of the case the F.I.R. vide Gopalganj P.S. Case No. 820 of 2024 is bad in law hence required to be investigated by the higher officer for the ends of justice.

3. This writ application is disposed of with liberty to the petitioner to file a representation before the Superintendent of Police, Gopalganj for the reliefs prayed for in this writ petition.

4. If any such representation is filed by the petitioner, the Superintendent of Police, Gopalganj will examine the same

Patna High Court CR. WJC No.121 of 2025(2) dt.26-06-2025 3/3 and if he finds substance in the representation of the petitioner then he may proceed in accordance with law.

4. It is clarified that this Court has not gone into the merits of the case.

(Sandeep Kumar, J) Shishir/- U T