Anand Kumar Gupta v. The State Of Bihar Through Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.145 of 2022 Arising Out of PS. Case No.-307 Year-2021 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Anand Kumar Gupta Son of Late Baldeo Prasad Gupta, R/o Village- Purani Bazar, Ramnagar, Post And P.S.- Rabagarm, Dist.- West Champaran 2.

Sudarshan Kumar Gupta @ Sudarshan Prasad Gupta Son of Late Baldeo Prasad Gupta, R/o Village- Purani Bazar, Ramnagar, Post And P.S.- Rabagarm, Dist.- West Champaran 3.

Chitranjan Kumar Gupta @ Chitranjan Prasad Gupta Son of Late Baldeo Prasad Gupta, R/o Village- Purani Bazar, Ramnagar, Post And P.S.- Rabagarm, Dist.- West Champaran 4.

Pramod Kumar Gupta @ Pramod Prasad Gupta Son of Late Baldeo Prasad Gupta, R/o Village- Purani Bazar, Ramnagar, Post And P.S.- Rabagarm, Dist.- West Champaran 5.

Manoj Kumar Gupta @ Manoj Prasad Gupta Son of Late Baldeo Prasad Gupta, R/o Village- Purani Bazar, Ramnagar, Post And P.S.- Rabagarm, Dist.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Through Director General Of Police, Bihar, Patna. 2.

The Police Inspector General Of Police, Darbhanga Range Dist.- Darbhaga. 3.

The Senior Superintendent Of Police, West Chamaran Dist.- West Champaran.

4.

The S.D.P.O., Ramnagar West Champaran.

5.

The S.H.O., Ramnagar Police Station Dist.- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Adv.

For the Respondent/s :

Mr. Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition for quashing the F.I.R. bearing Ramnagar P.S. Case No. 307 of 2021 dated 08.09.2021 lodged under Sections 406, 420, 341,

Patna High Court CR. WJC No.145 of 2022(2) dt.07-04-2023 2/3 323, 504, 506 & 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that till date charge sheet has not been filed in this case. He further submits that admittedly the case is within the family members and on the instance of stranger of the family members who are the land grabber, this dispute arisen day by day. He also submits that there is case and counter case from both the sides and this case needs fair investigation.

Learned counsel for the State submits that the petitioner may be directed to represent himself before Superintendent of Police, West Champaran at Bagaha. In this view of the matter, petitioner is directed to file representation before Superintendent of Police, West Champaran at Bagaha in the light of order passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases and petitioner within four weeks' from the date of passing of this order.

The Superintendent of Police, West Champaran at Bagaha is directed to decide the grievances of petitioner within the period as mentioned in the above mentioned case. Till the decision taken on the representation of petitioner, no coercive step shall be taken against the petitioner

Patna High Court CR. WJC No.145 of 2022(2) dt.07-04-2023 3/3 in connection with Ramnagar P.S. Case No. 307 of 2021. With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U T