Pintu @ Lulha @ Md. Pintu v. The State Of Bihar Through The Principal Secretary , Deptt. Of Home , Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.174 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Pintu @ Lulha @ Md. Pintu Son of Late Saheb @ Md. Sahabuddin Resident of Mohalla - Maula Sah Ki Bagh, P.S. - Khajekala, District - Patna. ... ... Petitioner

Versus

1.

The State of Bihar through The Principal Secretary, Deptt. Of Home , Govt. of Bihar, Patna 2.

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

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

The Superintendent of Police, Patna.

5.

The Officer Incharge, Khajekalan, P.S. - Patna City. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Irshad, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-02-2020 The petitioner is an accused in at least nine cases. His grievance is that though he is 74% physically handicapped and having no palm he cannot indulge in firing or any other criminal act, he has been mechanically implicated in a large number of cases.

Learned counsel for the petitioner submits that in some of the cases petitioner has been charge-sheeted after investigation.

Learned counsel for the State submits that once after investigation the police has found sufficient material to proceed against the petitioner and a charge-sheet has been filed against

Patna High Court CR. WJC No.174 of 2020(2) dt.17-02-2020 2/2 him; By filing this writ application during pendency of those cases, the petitioner is only indulging in making frivolous allegations against police authorities. He is required to show his innocence in the Trial Court and at this stage this Court sitting under Article 226 of the Constitution of India need not take any view of the matters This Court finds itself in agreement with learned counsel for the State. Since it is admitted that in some of the cases the petitioner has already been charge-sheeted, this Court sitting in its writ jurisdiction is not supposed to believe the allegations of the petitioner that he is being falsely implicated or involved in the cases. In the opinion of this Court the Trial must proceed in accordance with law and the petitioner will have an opportunity in course of trial to prove his innocence. This application stands dismissed accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U