Hem Chandra Mishra v. The State Of Bihar Through Director General Of Police, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.251 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- ARER District- Madhubani ====================================================== HEM CHANDRA MISHRA S/o Late Shushil Mishra R/o village- Arer Dih Tola, P.S.- Arer, District- Madhubani ... Petitioner

Versus

1.

THE STATE OF BIHAR THROUGH DIRECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA Bihar 2.

The Superintendent of Police, Madhubani Bihar 3.

The Deputy Superintendent of Police, Benipatti, District- Madhubani Bihar 4.

The S.H.O. Arer P.S., District- Madhubani Bihar 5.

The Investigating officer of Arer P.S. Case No. 04/2020, DistrictMadhubani Bihar 6.

Md. Amin S/o Md. Eslam Resident of Pakhrauni, P.S.- Rahika, DistrictMadhubani ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Dinesh Jha, Adv.

For the Respondents :

Mr.Manish Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and the State. The present case has been filed for quashing the first information report of Arer P.S. Case No. 4 of 2020 as well as directing the investigating authority to conduct inquiry properly. Counsel for the State submits that the petitioner is not named in the first information report. The allegation is under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code are there.

In this view of the matter, I am not inclined to quash the first information report, but, liberty is granted to the petitioner that he shall represent to the Superintendent of Police,

Patna High Court CR. WJC No.251 of 2020(2) dt.20-03-2023 2/2 Madhubani, in the light of the order passed in Cr.W.J.C. No. 153 of 2017 (Surendra Singh Vrs. State of Bihar & Ors.) and analogous cases decided on 09.09.2022 within four weeks from today and the Superintendent of Police shall consider the representation and take appropriate action.

With this observations, this criminal writ petition is disposed off.

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