Ankit Patni 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.287 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== Ankit Patni Son of S.K. Patni, Resident of 15, Burdwan Road, P.S.- Alipur, Kolkota- 700027, West Bengal. ... ... Petitioner/s

Versus

1.

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

2.

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

The Inspector General of Police, Govt. of Bihar, Patna. Bihar. 4.

The Senior Superintendent of Police, Patna.

5.

The Superintendent of Police, Patna.

6.

The Officer- in-Charge , Police Station- Budha Colony, Patna. 7.

Munna Kumar Son of Sri Vijay Singh At Present Resident and C/o M/s Gobinda Construction, Kanak Braj Complex, Kavi Raman Road, Boring Road, P.S.- Budha Colony, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Shekhar, Adv.

For the Respondent/s :

Mr. Sheo Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present Cr. Writ Petition has been filed for quashing of Budha Colony P.S. Case No. 296 of 2021 lodged under Sections 406 & 420 of the Indian Penal Code dated 24.08.2021 on the basis of written report filed by private respondent No.7.

After some argument it is clear that this dispute has arisen due to demand of T.M.T. iron rod but not delivered even after payment of Rs.40 lacs. This Court is not inclined to interfere but on the repeated request of counsel for petitioner that there are series of documents in their favour, by which, the

Patna High Court CR. WJC No.287 of 2022(2) dt.11-04-2023 2/2 petitioner can show his innocence in this matter. This Court is directing the petitioner to file representation before Senior Superintendent of Police in the light of order passed in Surendra Singh Vs. State of Bihar and others.

Learned counsel for the State has no objection for the same.

In this view of the matter, petitioner is directed to file representation before the Superintendent of Police, Patna in the light of order passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases within four weeks from the date of passing of this order. The Senior Superintendent of Police, Patna is directed to take decision in this matter within six weeks in the light of order passed in Surendra Singh Vs. State of Bihar and others in Cr. W.J.C. No. 153 of 2017 with analogous cases. With the aforesaid direction, the present Cr. Writ Petition is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U T