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Patna High CourtCR. WJC/921/2016withdrawn

Krishna Sinha v. The State Of Bihar And ORS

2016-09-29The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.921 of 2016 ======================================================

1. Krishna Sinha Wife of Kailash Singh Resident of Village- Dhuabai PS Sanokhar, District Bhagalpur, at Present resident of Baba Basuki Nath Colony Mirjan Hat, PS Mojahidpur, District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar

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

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

4. The Deputy Inspector General of Police, Bhagalpur.

5. The District Magistrate, Bhagalpur.

6. The Superintendent of Police, Bhagalpur.

7. The Deputy Superintendent of Police, Kahalgaon.

8. The Inspector Cum station House Officer, Sanokhar, Bhagalpur.

9. The Inspector cum Station House Officer, Habibpur Bhagalpur.

10. The Investigating officer of Sanokhar PS Case No. 40 of 2014.

11. Md. Monti@Nishant Alam son of Md. Sharif.

12. Sakina Khatoon Daughter of Md. Sharif.

13. Md. sharif Son of Md. Nasir.

14. Shamima Khatoon wife of Md. Sharif.

15. Md. Munna @Md. Shahabuddin son of late Ulafat respondent No. 11 to 15 are resident of Shahajangi PS Habibpur, District Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prahlad Kumar Bhagat, Adv. For the Respondent/s : Mr. Sheo Shankar Prasad (sc-8) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 29-09-2016 Heard Mr. Prahlad Kumar Bhagat, learned Counsel, appearing on behalf of the petitioner, and Mr. Dr. Anil Kumar Upadhyay, learned Standing Counsel No.8, appearing on behalf of the State-respondents.

Having regard to the fact that though the petitioner has made allegations of kidnapping of petitioner's daughter and committing rape against the private respondents, the petition is

Patna High Court Cr. WJC No.921 of 2016 (2) dt.29-09-2016 2/2 completely vague and does not, therefore, warrant invocation of extraordinary jurisdiction of the High Court, under Article 226 of the Constitution of India.

While, accordingly, allowing the writ petition, as sought for, to be withdrawn, we give the petitioner liberty to lodge, if so advised, a First Information Report with jurisdictional police station or file a complaint in the criminal court of competent jurisdiction.

If a First Information Report is lodged or the complaint is filed, the same shall be dealt with expeditiously and in accordance with law.

With the above observation, this writ petition stands disposed of as withdrawn.

(I.A. Ansari, CJ) K.C.jha/- U T