Anand Jha Shastri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2091 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Anand Jha Shastri Son of Late Jay Narayan Jha, Resident of MohallaBanskothi, D.N. Das Lane, Langar Toli, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The Superintendent of Police Town, Patna.

4.

Deputy Superintendent of Police Town, Patna.

5.

Sub-Inspector of Police, Kadam Kuan Police Station- District- Patna. 6.

Sub Inspector of Police, Agam Kuan Police Station, District- Patna. 7.

Raman Kumar Jha, Son of Dayanand Jha.

8.

Dayanand Jha, Son of Not Known.

9.

Susheelekha Devi, Wife of Dayanand Jha.

10.

Baby Kumari, D/o Dayaand Jha, 11.

Tej Narayan Jha, Son of Not known. All Respondent No. 7 to 11 are resident of Mohalla- Shikshak Colony, Road No. D, Kumharar, P.S. Agam Kuan, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Om Prakash Om, Advocate For the Respondent/s :

Mr.Kumar Shanu, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and Mr. Kumar Shanu, learned AC to AG for the State.

The grievance of the petitioner is that his complain with regard to the killing of his daughter was not registered as a First Information Report by the Kadamkuan Police Station. It is submitted that vide Annexure '1' the written complaint was submitted in the police station. The petitioner also sent this

Patna High Court CR. WJC No.2091 of 2017(2) dt.14-12-2022 2/2 information to the Superintendent of Police, Patna vide Annexure '2' but his grievance remained unredressed. On perusal of the writ application, it appears that instead of proceeding under Section 156(3) Cr.P.C. before the learned CJM, the petitioner has directly moved this Court for a direction to lodge F.I.R.

In the case of Sakiri Vasu v. State of U.P. & Ors. reported in (2008) 2 SCC 409, the Hon'ble Supreme Court has observed that a writ application directly filed for lodging of the F.I.R. needs to be discouraged.

Since the petitioner has not followed the procedure required for this purpose, this writ application is being disposed of with liberty to the petitioner to file an appropriate application in the court of learned CJM, Patna.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U