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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.149 of 2025 Arising Out of PS. Case No.-806 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rahul Kumar S/o Ranjeet Paswan R/o Village- Jaiprakashpur, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Bihar, Patna Bihar 2.

The Director General of Police, Bihar, Patna Bihar 3.

The Inspector General of Police, Saran Range, Saran Bihar 4.

The Superintendent of Police, Gopalganj Bihar 5.

The Superintendent of Police, Nalanda at Biharsharif Bihar 6.

The S.H.O., Gopalganj Police Station, Gopalganj Bihar 7.

Shaukat Ali S/o Late Jahiruddin Ahmad R/o Ward No.24, Gopalganj, P.S. and District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad For the Respondent/s :

G.A.3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has approached this Court for the following reliefs:- (i) For quashing the F.I.R. of Gopalganj P.S. Case No.806 of 2024 registered for the offences under Sections 87, 303(2), 3(5) of the Bhartiya Nyaya Sanhita.

(ii) For issuing direction upon the respondents to provide police protection to the petitioner and his wife and his family members at the hands of the informant and the family members

Patna High Court CR. WJC No.149 of 2025(2) dt.06-05-2025 2/2 of the wife of the petitioner as well as Gopalganj Police.

(iii) For any other relief to which the petitioner is found entitled to in the facts of the case.

3. The petitioner wants quashing of the FIR of Gopalganj P.S. Case No.806 of 2024 after considering his defence materials on affidavit which is not permissible in light of the judgment of Hon'ble Supreme Court in the case of State of Bihar Vs. P.P. Sharma reported in 1992 Supp (1) SCC 222.

4. In these circumstances, this application is dismissed with liberty to the petitioner to raise all the grounds at an appropriate stage if charge sheet is submitted against him. (Sandeep Kumar, J) shikha/- U T