Balmiki Singh v. The State Of Bihar Through The Home Secretary. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1330 of 2016 ===================================== Balmiki Singh, Son of Late Ramswaroop Singh, resident of Village- Numar, P.S.- Barhat, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar through the Home Secretary.

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

3. The Superintendent of Police, Jamui.

4. The Dy. S.P. Jamui.

5. The Officer-in-Charge, Barhat Police Station. .... .... Respondents 1st Set.

6. Sanjay Singh @ Bulu Singh, Son of Late Shyam Singh.

7. Bitcha Singh, Son of Late Shyam Singh.

8. Paltu Singh, Son of Late Shyam Singh.

9. Mangar Singh, Son of Late Shyam Singh.

10. Ramanand Singh, Son of Arjun Singh.

11. Jangali Singh, Son of Ramanand Singh.

12. Gunjan Singh, Son of Ramanand Singh.

All are resident of Village- Numar, P.S. Barhat, DistrictJamui. .... .... Respondents 2nd Set.

===================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Adv. For the Respondent/s : Mr. Md. Nadim Seraj (GP5) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

Patna High Court Cr. WJC No.1330 of 2016 (5) dt.13-06-2017 2/3 13-06-2017 Following reliefs have been made in paragraph 1 of the application:- (i) For a direction to the respondent No. 5 to lodge an F.I.R. against the accused persons (Respondent No. 6 to

12) for the offence punishable U/s323/307/457/379/34 of the I.P.C. or any appropriate sections in view of written statements dt. 1.11.11 and 3.11.11 filed by the petitioner before the officer in charge, Barhat P.S.

(ii) Further for a direction commanding the respondents to investigate the matter and take appropriate step against the accused persons.

(iii) To grant any relief/reliefs for which the petitioner entitled to get in the eye of law.

The present criminal writ has been filed on 23.12.2016, seeking aforesaid reliefs.

There is no justifiable explanation as to why the petitioner has approached this Court more than five years after the date of occurrence, seeking direction as noticed above.

The petitioner could have filed complaint petition or taken steps for registration of First Information Report, as contemplated under the provisions of Code of Criminal

Patna High Court Cr. WJC No.1330 of 2016 (5) dt.13-06-2017 3/3 Procedure, 1973.

No relief, as sought for in the present criminal writ, can be granted.

This application has no merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T