Sanjay Kumar v. The State Of Bihar Through Secretary,(Home) Govt. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.231 of 2022 Arising Out of PS. Case No.-534 Year-2019 Thana- DANAPUR District- Patna SANJAY KUMAR Son of Late Girish Singh Resident of Mohalla - Bhikhna Pahari, Police Station - Pirbahore, District - Patna. THE STATE OF BIHAR THROUGH SECRETARY ( HOME ) GOVERNMENT OF BIHAR, PATNA Bihar The Director General of Police, Bihar, Patna. Bihar The Senior Superintendent of Police, Patna. Bihar The Additional Superintendent of Police, Danapur, District - Patna. Bihar The Station House officer, Danapur Police Station, District - Patna. Bihar The Investigating officer, Danapur Police Station, District - Patna. Bihar Diwakar Kumar Son of Late Shiv Shankar Prasad Resident of Sewa Kutir, Mohalla - Keshri Nagar, Police Station - Patliputra, District - Patna. with Criminal Writ Jurisdiction Case No. 291 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- DANAPUR District- Patna SANJAY KUMAR Son of Late Girish Singh Resident of Village- Bhikhna Pahari, P.s.- Pirbahore, Distt.- Patna.
Alam @ Alamgir Son of Md. Badruddin Resident of Village- Sultanpur Lal Kothi, P.s.- Danapur, Distt.- Patna.
Ganesh @ Aaditya Raj Son of Sinath Ray Resident of Village- Sultanpur, Danapur- Khagaul, Road, P.s.- Danapur, Distt.- Patna. The State of Bihar through Secretary , (Home), Govt. of Bihar, Patna. Bihar The Director General of Police, Bihar, Patna. Bihar The Senior Superintendent of Police, patna. Bihar The Additional Superintendent of Police, Danapur, Distt. Patna. Bihar The Station House Officer, Danapur P.s, Distt.- Patna. Bihar The Investigating officer, Danapur P.S., Distt. Patna. Bihar Baban Giri Son of late Hulash Giri Permanent Resident of Village- Tabkala, Bijali Mathiya, P.s.- Palasi, Distt.- Arwal, Presently residing at kali Bhagwan, Mohalla- Mohanpur, punaichak, P.s.- Shastri Nagar, Distt.- Patna.
2/6 with Criminal Writ Jurisdiction Case No. 330 of 2022 Arising Out of PS. Case No.-282 Year-2019 Thana- DANAPUR District- Patna SANJAY KUMAR S/o Late Girish Singh R/o Mohalla- Bhikhna Pahari, P.S.- Pirbahore, District- Patna Sanjay Singh @ Sanjya Kumar Singh S/o Late Kamal Singh R/o MohallaDurga Ashram Gali, Sheikhpura More, P.S.- Shastri Nagar, District- Patna Binay Kumar @ Binay Kumar Singh S/o Late Kamal Singh R/o MohallaDurga Ashram Gali, Sheikhpura More, P.S.- Shastri Nagar, District- Patna Avikash Kumar @ Pappu Kumar Singh S/o Satendra Singh Resident of Kurji Sheweta Hotel, Saraswati Chandra Market, P.S.- Patliputra, DistrictPatna Alam @ Alamgir S/o Md. Badruddin R/o Mohalla- Sultanpur Lal Kothi, P.S.- Danapur, District- Patna Nishant Kumar S/o Satendra Singh Resident of Kurji Sheweta Hotel, Saraswati Chandra Market, P.S.
- Patliputra, District- Patna THE STATE OF BIHAR THROUGH SECRETARY,(HOME) GOVT. OF BIHAR, PATNA Bihar The Director General of Police, Bihar, Patna Bihar The Senior Superintendent of Police, Patna Bihar The Additional Superintendent of Police, Danapur, District- Patna Bihar The Station House Officer, Danapur Police Station, District- Patna Bihar The Investigating Officer, Danapur Police Station, District- Patna Bihar Gopal Prasad Singh S/o Late Naresh Chandra Singh Resident of Gola Per, Gajadharchak, In front of Andra Bank, P.S.- Danapur, District- Patna with Criminal Writ Jurisdiction Case No. 337 of 2022 Arising Out of PS. Case No.-263 Year-2021 Thana- DANAPUR District- Patna SANJAY KUMAR S/O LATE GIRISH SINGH R/o Mohalla- Bhikhna Pahari, P.S.
- Pirbahore, District- Patna Ganesh @ Aaditya Raj S/o Sinath Ray Village- Sultanpur, Danapur-Khagaul Road, P.S.- Danapur, District- Patna Alam @ Alamgir S/o Md. Badruddin R/o Mohalla- Sultanpur, Lal Kothi, P.S.- Danapur, District- Patna Sanjay Singh @ Sanjya Kumar Singh S/o Late Kamal Singh R/o MohallaDurga Ashram Gali, Sheikhpura More, P.S.
3/6 THE STATE OF BIHAR THROUGH SECRETARY,(HOME) GOVT. OF BIHAR, PATNA Bihar The Director General of Police, Bihar, Patna Bihar The Senior Superintendent of Police, Patna Bihar The Additional Superintendent of Police, Sanapur, District- Patna Bihar The Station House Officer, Danapur Police Station, District- Patna Bihar The Investigating Officer, Danapur Police Station, District- Patna Bihar Binod Kumar Sinha S/o Late Rajeshwari Prasad R/o Mohalla- Tarkeshwar Path, T.P.S. College Road, Shanti Niketan, Chiraiyatnad, P.S.- Kankarbagh, District- Patna Appearance :
(In Criminal Writ Jurisdiction Case No. 231 of 2022) For the Petitioner/s :
Mr. Chakrapani, Advocate Mr. Sanjay Kumar Singh, Advocate.
For the State :
Mr. Deepak Kumar, AC to GP-4 For Respondent No. 7 :
Mr. Ravi Prakash, Advocate Mr. Purushottam Sharma, Advocate.
(In Criminal Writ Jurisdiction Case No. 291 of 2022) For the Petitioner/s :
Mr. Chakrapani, Advocate Mr. Sanjay Kumar Singh, Advocate For the Respondent/s :
Mr.Sheo Shankar Prasad (In Criminal Writ Jurisdiction Case No. 330 of 2022) For the Petitioner/s :
Mr. Chakrapani, Advocate Mr. Sanjay Kumar Singh, Advocate For the State :
Mr. Iqbal Asif Niazi, AC to GP-5 For Respondent No. 7 :
Mr. Rahul Kumar Singh, Advocate.
Mr. Pramod Kumar Singh, Advocate.
(In Criminal Writ Jurisdiction Case No. 337 of 2022) For the Petitioner/s :
Mr. Chakrapani, Advocate.
Mr. Sanjay Kumar Singh, Advocate.
For the State :
Mr. Iqbal Asif Niazi, AC to GP-5 For the Respondent No.7:
Mr. Ajay Kumar Singh, No. 1, Advocate.
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2023 Heard the parties.
2. The aforesaid four writ applications have been filed for quashing the First Information Report lodged against the petitioner by the respective informants for the same set of
4/6 lands which was purchased by the father of the petitioner in 1971 from the maternal grandfather of the informant of Cr. WJC No. 330 of 2022, namely, Gopal Prasad Singh.
3. Referring to counter affidavit learned counsel submits that in three FIRs giving rise to Cr. WJC Nos. 231 of 2022, 291 of 2022 and 377 of 2022, after investigation, the Police has submitted final forms exonerating the petitioner from the charges and not recommending him for trial. Accordingly, he seeks permission to withdraw the aforesaid three cases i.e. Cr. WJC Nos. 231 of 2022, 291 of 2022 and 377 of 2022 with liberty to pursue the matter before the concerned Magistrate.
4. In view of the aforesaid submission, permission is granted.
5. Accordingly, Cr. WJC Nos. 231 of 2022, 291 of 2022 and 377 of 2022 is dismissed as withdrawn with liberty aforesaid.
6. So far as Cr. WJC No. 330 of 2022 is concerned, learned counsel for the petitioner submits that due to the land dispute between the informant and the petitioner for which a Title Suit is pending filed by the petitioner bearing Title Suit No.247 of 2021, the present FIR has been lodged having same set of land which is subject matter of the aforesaid three writ
5/6 applications. He further submits that the investigation of the present FIR is still pending. As such, a direction may be issued to the Police authority to submit final form within a reasonable period of time.
7. In paragraph-20 of the writ petition the petitioner has stated that verification of the sale deed No. 4799 of 1971 executed in favour of father of petitioner No. 1 by the maternal grandfather of the informant of the present case has been verified by the Investigating Authority from the Registering Authority of Kolkata and after comparing with the record, the Office of the Registrar of Assurances, Kolkata, by its letter No. 15/RAREC dated 22.1.2020 has informed the Investigating Officer that the details of deed attached for verification is matched with the records.
8. In view of the aforesaid fact, I propose to direct the Investigating Officer and/or respondent Police Authority to complete the investigation as early as possible and to file final form/charge sheet within the reasonable time frame if the same has not been filed by them as yet.
9. It is expected that the final form/charge sheet shall be filed preferably within a period of three months from today.
10. With aforesaid observation and direction, this writ
6/6 application stands disposed of.
(Anil Kumar Sinha, J) S.Ali/- U T