Shatrudhan Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1683 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Shatrudhan Ray Son of Baskit Ray, Resident of Village- Chakaima Godai Sarai, P.S.- Hajipur Sadar, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

Senior Superintendent of Police, Patna.

4.

City S.P. East, Patna.

5.

Sub- Divisional Police Officer, Patna City, Patna. 6.

Officer In Charge, Alamganj Police Station, Patna. 7.

Vinay Kumar @ Lala Ray Son of Ram Chandra Ray @ Bhutta Ray, Resident of Village- Gouspur Izra, P.S. Hajipur Sadar, District- Vaishali. 8.

Manoj Kumar Son of Krishna Ray.

9.

Khelari Ray Son of Shambhu Ray. Both are Respondent No. 8 and 9 are Resident of Village- Khalakbag, P.S. Hajipur Sadar, District- Vaishali. 10.

Barku Miyan @ Motiur Rahman, Son of Muzibur Rahman. 11.

Md. Nadir, Son of Riyaz Ahmad. Both are Respondent No. 10 and 11 are Resident of Village- Astipur, P.S. Hajipur Sadar, District- Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kumar Jha, Sr. Advocate Mr.Dr. Om Prakash Om, Advocate For the Respondent/s :

Mr.Md. Nasrul Huda Khan SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 24-07-2025

1. Heard Mr. Kaushal Kumar Jha, learned Senior Counsel for the petitioner, learned counsel for respondent no. 10 and learned counsel for the State.

2. At the outset, learned Senior Counsel has submitted that there is an interlocutory application being I.A. No. 1/2024 filed for amending the prayer with regard to the proper

Patna High Court CR. WJC No.1683 of 2018(2) dt.24-07-2025 2/2 investigation of the case.

3. Learned Senior Counsel has fairly admitted that the grievances of the petitioner as far as addition of Section 302 I.P.C. in the present case can be raised before the learned court below and/or at the time of framing of charge and learned Senior Counsel seeks permission that the present petition may be disposed of with liberty to approach before the learned court below or the authorities concerned for redressal of petitioner's grievance.

4. Learned counsel for the State and learned counsel for respondent no. 10 does not object to the submissions made by the learned Senior Counsel.

5. In view of the above, this writ application is disposed of with liberty to the petitioner to approach the learned court below as well as Superintendent of Police, Patna for redressal of his grievances and he is also granted liberty to raise the issue at the time of framing of charge.

6. With the aforesaid observations, this petition is disposed of.

7. Any interlocutory application pending also stands disposed of.

(Sourendra Pandey, J) tusharika/- U T