Patna High CourtCR. WJC/348/2017disposed

Sushil Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna

2017-04-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.348 of 2017 ====================================================== Sushil Kumar, Son of Sudarshan Sharma, Resident of Village Shivgarh, P.O.- Datiyana, P.S.- Bikaram, District Patna at present residing at House No. 38, Shrikunj, Shakti Nagar, Saket Vihar, P.O. & P.S. Phulwari Sharif, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Senior Superintendent of Police, Patna, Bihar.

4. The Officer In-Charge, Phulwari Sharif, Patna.

5. The Officer-In-Charge, Jandaha, Vaishali.

6. The Superintendent of Police, Vaishali, Bihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Respondent/s : Mr. Manish Kumar (GP4) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-04-2017 The petitioner has invoked the writ jurisdiction of this Court for issuance of mandamus directing the respondent no.4, the Officer In-Charge, Phulwarisharif, Patna, to register an F.I.R. on the basis of the written report submitted by the petitioner on 08.02.2017 vide Annexure-2.

The respondent no.4 has filed counter affidavit stating therein that Phulwarisharif P.S. Case No.210 of 2017 has already been registered under Section 379 of the Indian Penal Code.

Therefore, the main grievance of the petitioner has

Patna High Court Cr. WJC No.348 of 2017 (4) dt.13-04-2017 been redressed.

Now, the submission of the petitioner is that there is some error in the date of receipt of information in the formal F.I.R. in-consistent with the date mentioned in the written report. Such grievance can be raised at the appropriate stage of the criminal proceeding.

Since the main grievance of the petitioner has already been redressed, this writ application stands disposed of with liberty to the petitioner to avail the appropriate remedy in the matter, if occasion so arises.

(Birendra Kumar, J) Arvind/- U