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Patna High CourtCR. WJC/492/2021disposed

Arun Kumar Singh v. The State Of Bihar Through Secretary, Department Of Home Affaris, Govt. Of Bihar, Patna.

2022-04-11Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.492 of 2021 Arising Out of PS. Case No.-676 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== Arun Kumar Singh Son Of Late Raja Mohan Singh Resident Of Village - J.P. Nagar, Katira, P.S,.- Ara (T), Distt.- Bhojpur. ... ... Petitioner

Versus

1.

The State of Bihar through secretary, Department of Home Affaris, Govt. of Bihar, Patna.

2.

The District Magistrate , Rohtas at Sasaram 3.

The District Panchayati Raj Officer, Rohtas at Sasaram. 4.

The Sectetary, State Election Commission, Bihar 5.

The S.H.O., Town P.S., Sasaram.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-04-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within two weeks after start of normal functioning of the Court This writ application has been filed seeking quashing of the First Information Report bearing Sasaram P.S. Case No. 676 of 2020 for the offences alleged under Sections 130(17)(2) (kh) of Bihar Panchayat Raj Act, 2006. The petitioner has further prayed for stay of investigation in the case. A counter affidavit has been filed on behalf of the State. Copy of the same has been served upon learned counsel for the petitioner long back. The counter affidavit states that the case has been supervised by Sub-Divisional Police Officer,

Patna High Court CR. WJC No.492 of 2021(2) dt.11-04-2022 2/2 Sasaram vide his Memo No. 1275 dated 20.04.2021 and the case appears to be true against all the FIR named accused persons including the petitioner, therefore, direction has been issued to proceed with the investigation of the case on the points suggested by the supervising authority.

In the given facts and circumstances where the case is still under investigation and the supervising authority has issued certain directions to the Investigating Officer to investigate on those points, this court sitting in its' writ jurisdiction would not interfere with the same.

The writ application is being disposed of with liberty to the petitioner that in case after investigation any chargesheet is filed against him and issuance of summon against him is passed, in that case he will have liberty to seek his remedy in accordance with law.

The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T 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'.