Devendra Prasad Sharma v. The State Of Bihar Through The Chief Secttry. Dept. Of Home Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.35 of 2021 Arising Out of PS. Case No.-141 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== DEVENDRA PRASAD SHARMA Son of Late Ram Vilash Sharma Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secttry. Dept. of Home Bihar, Patna Bihar 2.

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

The Superintendent of Police, Vaishali at Hajipur. Bihar 4.

The officer- in- Charge, Bidupur Police Station, Dist. Vaishali. Bihar 5.

Brajkishore Singh @ Pappu Singh Son of Late Uma Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 6.

Deepak Singh Son of Late Uma Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 7.

Kundan Singh Son of Varun Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 8.

Manu Singh @ Bittu Singh Son of Vimal Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 9.

Vikram Singh Son of Sanjay Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 10.

Pintu Singh Son of Bindeshwar Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 11.

Narayan Singh @ Maine Singh Son of Late Ramashish Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 12.

Digvijay Singh @ Guddu Singh Son of Virendra Singh Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 13.

Babita Devi W/O Anil Mahto Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 14.

Anil Mahto Son of Ram Pravesh Mahto Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. 15.

Pramila Devi W/O Amarnath Mahto Resident of Village - Panapur Dilawarpur Gobardhan, P.S. - Bidupur, District -Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Respondent/s :

Mr.Iqbal Asif Niyazi, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-06-2022 It appears from the statements made in paragraph '9'

Patna High Court CR. WJC No.35 of 2021(2) dt.23-06-2022 2/2 of the counter affidavit that the investigation in the matter is closed as the police has submitted final report saying that the case is based on mistake of law.

Learned counsel for the State submits that for the same cause of action on almost similar allegation against the same set of accused a Complaint Case bearing No.2467 of 2016 has been filed by the petitioner which is pending in the court. A copy of the counter affidavit has already been served on learned counsel for the petitioner on 25.04.2022. There is no rebuttal of the statements made in the counter affidavit. In the circumstances, this Court finds that this writ application has lost its significance inasmuch as the reliefs prayed in the writ application have become infructuous. This writ application stands disposed of as having become infructuous leaving it open to the petitioner to act as may be advised to him to agitate his grievance against the police final report.

(Rajeev Ranjan Prasad, J) arvind/- U 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'.