Manoj Singh v. The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1453 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Manoj Singh S/o Hari Narayan Singh, R/o Vill. and P.O.- Sedha, P.S.- Tarari, District- Bhojpur. Presently residing at Ward No. 03, New Singhauli, Narayan Tola, P.S.- Dalmia Nagar, District- Rohtas. ... ... Petitioner

Versus

1.

The State Of Bihar Through The Home Secretary, Govt. Of Bihar, Patna.

2.

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

The Inspector General of Police, Patna Zone, Patna. 4.

The DIG Sahabad Range, Sasaram.

5.

The Superintendent of Police, Rohtas at Sasaram. 6.

The Deputy Superintendnet of Police, Dihari, Sasaram. 7.

SHO, Dihari (Dalmia Nagar), District- Sasaram. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Kumar Singh, Advocate For the Respondent/s :

Mr.Ruchikar Jha, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner in this case is seeking a direction to the respondent no. 7 to lodge a First Information Report on the basis of his written complaint dated 01.04.2018. Learned counsel for the petitioner submits that the petitioner had lodged a complaint which was not entertained by the police authorities. Till date his vehicle has also not

Patna High Court CR. WJC No.1453 of 2018(2) dt.20-12-2022 2/3 been recovered.

Learned counsel for the State submits that in fact the petitioner has moved this Court directly under Article 226 of the Constitution of India for lodging of the F.I.R. He has not applied for his remedy which is available to him under Section 156(3) Cr.P.C. Moreover, it is submitted that on the complaint received from the petitioner a preliminary inquiry was made and in that inquiry it was found that the petitioner and one Ramji Singh were engaged in business and in course of that business the petitioner had got signature of Ramji Singh on blank stamp paper assuring him that the stamp paper will be utilized for taking work from Kamla Construction, Delhi. The petitioner prepared sale letter of his Verna Car. The said Ramji Singh has lodged a case being Tarari P.S. Case No. 70/2017 dated 01.09.2017 under Section 420/406/467/468/471/120(B)/34 of the Indian Penal Code against the petitioner. It is further stated that the petitioner has not filed any complaint at Dalmia Nagar (O.P.) Police Station for the alleged occurrence. He is also said to be involved in three other cases.

Patna High Court CR. WJC No.1453 of 2018(2) dt.20-12-2022 3/3 In the given facts and circumstances of the case, this Court finds no reason to entertain this writ application. It is dismissed, accordingly.

(Rajeev Ranjan Prasad, J) Rajeev/- U