Devendra Prasad Singh v. The State Of Bihar Through The Principal Secretary, Department Of Home, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.94 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Devendra Prasad Singh, Son of Late Mushan Singh, Resident of MohallaBinodpur, Argara Chowk, P.S. and District- Katihar. ... ... Petitioner

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Home, Bihar, Patna 2.

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

The Superintendent of Police, Katihar.

4.

The Sub-Divisional Officer, Sadar, Katihar.

5.

The S.H.O. Katihar Town Police Station, Katihar. 6.

Anil Kumar Singh, Son of Devendra Prasad Singh, 7.

Sunny Kumar Singh @ Prafulla, 8.

Ravi Kumar Singh, 9.

Ankit Kumar Singh, 7 to 9 are son of Late Arvind Kumar Singh, 6 to 9 are resident of Mohalla- Binodpur, Argara Chowk, P.S. and District- Katihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Advocate For the Respondent/s :

Mr.Kumar Shanu, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and Mr. Kumar Shanu, learned AC to AG for the State.

This Court has perused the report of the SubDivisional Officer Sadar, Katihar as contained in letter no. 2184 dated 19.11.2022. The report has been submitted in compliance with the order of this Court passed on 10.11.2022. A perusal of the report would show that earlier the petitioner had filed maintenance case in the court of learned Priniciple Judge,

Patna High Court CR. WJC No.94 of 2018(3) dt.22-11-2022 2/2 Family Court, Katihar giving rise to Maintenance Case no. 71 of 2016 which has been dismissed because the petitioner did not produce any evidence to support his case. In course of inquiry, it has been found that this petitioner is looking to oust his first son namely Anil Kumar Singh and the family of late Arvind Kumar Singh alleging that they are not taking care of the petitioner. The petitioner has stated before the Sub-Divisional Officer, Katihar that his second and third sons namely Sanjay Kumar Singh and Dhananjay Kumar Singh are looking after him.

On perusal of the entire materials, this Court finds that it is more in the nature of a family dispute over property and it would not be just and proper for this Court to look into these issues in a criminal writ application.

This application, as framed, cannot proceed. It is disposed of accordingly.

(Rajeev Ranjan Prasad, J) tusharika/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.