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Patna High CourtCR. WJC/270/2020disposed

Manoj Kumar Singh v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

2023-03-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.270 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- SISWAN District- Siwan ====================================================== Manoj Kumar Singh S/o Prabhunath Singh @ Prabhu Singh Resident of Village- Gangpur, P.S.- Siswan, Distt- Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna Bihar 2.

The D. G.P., Patna, Bihar Bihar 3.

The Superintendent of Police, Siwan Bihar 4.

The DY. S.P. Siwan Bihar 5.

The S.H.O. Siswan P.S.- Siswan, Distt- Siwan Bihar 6.

Ranjeet Kumar Singh S/o Madan Mohan Singh B.D.O. Siswan Block, Siwan Resident of village- Awahinya, P.O. Pipariya, P.S.- Durgawati, Distt- Kaimur (Bhabhua) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Respondent/s :

Mr. Manish Kumar, GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This writ application has been filed for quashing of the F.I.R. registered as Siswan P.S. Case No.05 of 2020 under Sections 353, 385, 504, 506 of the I.P.C.

Counsel for the petitioner submits that the petitioner is an R.T.I. activist and since he is in habit of continuously demanded information under R.T.I. under different officials. It is due to this reason, the appellant case has been lodged with a view to teach him a lesson. Learned counsel for the petitioner submits that from Annexure-2 series which supports from page

Patna High Court CR. WJC No.270 of 2020(2) dt.20-03-2023 2/2 25-46, it transpires that he is consistently demanding the R.T.I. information from the different offices of the Education Department. Counsel further submits that he is victim of his positive activity.

Counsel for the State submits that from the F.I.R., the offences are whispered against the petitioner but it definitely need a fair investigation.

In this view of the matter, the high official of the police may be directed to look into the matter and do justice with the petitioner.

Let the Superintendent of Police is directed to look into this matter and do the needful after considering his activity as R.T.I. activist upon filing of his writ petition in the light of Surendra Singh Vs. State of Bihar passed in Cr. WJC No. 153 of 2017 decided on 09.09.2022.

The petitioner shall file his representation before Superintendent of Police within 4 week from today, who upon consideration shall pass an order.

With this direction, this writ application is hereby disposed of.

(Dr. Anshuman, J.) prakashmani/- U T