Har Narayan Singh v. The State Of Bihar Through Director General Of Police,Bihar,Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.566 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Jamui ====================================================== HAR NARAYAN SINGH Son of Late Kishun Singh Resident of Village - Bhukhad Mohalla (Bharow Gali), Purani Bazar, Jamui, Ward No. 23, Post office and Police station - Jamui, District - Jamui, Bihar, PIN NO. 811307. ... ... Petitioner/s

Versus

1.

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

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

The Superintendent of Police, Jamui. Bihar 4.

The Deputy Superintendent of Police, Jamui. Bihar 5.

The officer -In- Charge, Jamui Police Station, Jamui. Bihar 6.

Rajveer Singh Son of Ajay Kumar Singh Resident of Village - Bahadurpur, Post office and police station - Barh, Athmalgola, District - Patna. 7.

Shyam Bihari Bhalotia Son of Late Baidhnath Bhalotia Resident of Purani Bazar, Post office and Post Station - Jamui, District - Jamui. 8.

Shushil Bhalotia Son of Late Baidhnath Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 9.

Rajo Bhalotia Son of Late Bimal Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 10.

Rinku Bhalotia Son of Late Bimal Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 11.

Dimpal Bhalotia Daughter of Late Bimal Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 12.

Anjali Bhalotia Daughter of Late Baidhnath bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 13.

Puja Devi wife of Late Ram Niwas Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 14.

Madhu Bhalotia Son of Late Ram Niwas Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 15.

Saroj Bhalotia Son of Late Ram Niwas Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 16.

Muni Bhalotia Son of Late Niwas bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 17.

Saroj Devi Wife of Late Sajjan Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 18.

Anuj Bhalotia @ Raju Bhalotia Son of Late Sajjan Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 19.

Radha Raman Bhalotia Son of Late Sajjan Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui.

Patna High Court CR. WJC No.566 of 2021(4) dt.12-07-2023 2/3 20.

Guddu Bhalotia Son of Late Sajjan Bhalotia Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 21.

Mahesh Singh Son of Late Chandrika Prasad Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 22.

Pradip Singh Son of Late Chandrika Prasad Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. 23.

Santo Singh Son of Late Chandrika Prasad Resident of Purani Bazar, Post office and Police Station - Jamui, District - Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.M. Nasrul Huda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2023 Heard learned Counsel for the parties concerned. The petitioner, by filing the present writ application, has prayed for a direction to the respondent authorities to provide protection of life and property, which is at stake at the hands of respondent nos. 6 to 23.

A counter affidavit has been filed by the State, stating therein that enquiry was conducted by the Sub Inspector of Police Rajesh Kumar, who has submitted his report, in which he has stated that the petitioner was contesting Title Suit No. 142 of 2016 and has lost the claim of title upon the land in question. The private respondents started construction upon the land in question. The rent receipts and other contemporaneous documents have been issued in their favour. Considering the land dispute between the parties, a Non-FIR Case No. 48 of

Patna High Court CR. WJC No.566 of 2021(4) dt.12-07-2023 3/3 2021, dated 17.06.2021, has been lodged by the police under Section 107 of the Code of Criminal Procedure, 1973 against the parties to maintain peace and law & order. Taking into consideration the statement made in the counter affidavit, from which it transpires that there is land dispute between the parties and the police has already registered a Non-FIR case under Section 107 of the Code of Criminal Procedure, 1973, I find no merit in this writ application. This writ application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √