Satyendra Singh And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10239 of 2017 ====================================================== 1.
Satyendra Singh and Anr son of Kishun Singh, resident of Village Rampyr Mahesh, Police Station- Bhagwanpur Hat, District- Siwan. 2.
Uday Raj Mishra alias Uday Kumar Mishra, son of Shri Raj Kisore Mishra, resident of Village- Rampur Mahesh, Police Station Bhagwanpur Hat, District- Siwan.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The District Magistrate, Siwan.
3.
The Sub Divisional Officer, Maharajganj, District- Siwan. 4.
The Circle Officer, Bhagwanpur Hat, District Siwan. 5.
The Police Inspector, Maharajganj Circle, District- Siwan. 6.
The Officer-in-Charge, Bhagwanpur Police Station, District- Siwan. 7.
Hari Raj Singh, son of Chandrika Singh, resident of Village Madar Khurd, Police Station Bhagwanpur Hat, District- Siwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Nath Dubey, Advocate For the Respondent/s :
Mr.S.C.Yadav-Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2025 Heard Ravindra Nath Dubey, learned counsel for the petitioners and the State.
2. The present petition has been preferred for the following relief/s:
(i) for quashing the order dated 21.6.2017 by which the Respondent No. 3 passed the order on the basis of the police report on which he started a proceeding under section 145 of the Code of Criminal Procedure without considering the fact that for the same plot the Respondent No. 7 earlier also filed a petition
Patna High Court CWJC No.10239 of 2017(2) dt.21-04-2025 2/2 for initiating a proceeding under section 145 of the Code of Criminal Procedure which was considered by the order dated 1.6.2017 and the Respondent No. 3 himself found the matter not to be decided under the proceeding under section 145 of the Code of Criminal Procedure and he observed that the party may move before the Civil Court and further direct the respondent not to proceed in the matter and further for any other relief/reliefs as the petitioners are found entitled to in circumstances of the case. the facts and circumstances of the case.
3. Though, the case has become infructuous, learned counsel for the petitioners submit that he may be granted liberty in the matter.
4. Granting said liberty, the writ petition stands disposed of.
(Rajiv Roy, J) Ravi/- U