Heera Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.354 of 2014 =========================================================== Heera Devi, W/o Ganesh Sah, R/o Village- Nechua Khas, P.S.- Kuchaikot, Dist.- Gopalganj .... .... Petitioner

Versus

1. The State of Bihar

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

3. The D.I.G. of Police, Saran Region, Saran at Chapra

4. The Superintendent of Police, Gopalganj

5. The SDPO, Gopalganj, Gopalganj

6. The officer-in-Charge, P.S.- Kuchaikot, Dist.- Gopalganj-cum-Investigating Officer of Khuchaikot P.S. Case No.- 228 of 2013

7. Shanti Devi, w/o Late Sri Ram Sah, R/o Village- Nechua Khas, P.S.- Kuchaikot under Dist.- Gopalganj (The informant) .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Respondent/s : Mr. Shankar Kumar Choudhary, AC to AAG-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 28-01-2015 The petitioner is wife of one Ganesh Sah who has been made accused in Kuchaikot P.S. Case No. 228 of 2013 arising out of Complaint Case No. 2136 of 2013.

By filing the present application under Articles 226 and 227 of the Constitution of India, a prayer has been made that

Patna High Court Cr. WJC No.354 of 2014 dt.28-01-2015 2 / 2 since the entire criminal proceeding has been launched with ulterior motive, the prosecution against her husband be quashed. In my view, the application is misconceived. The petitioner is neither the informant nor an accused in the case. She is a complete stranger in the matter. She has no locus standi to agitate the claim on behalf of her husband.

In that view of the matter, I find no merit in the present application. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- U T