Patna High CourtCR. WJC/366/2022disposed

Mukesh Kumar v. The State Of Bihar Through Principal Secretary, Home Department, Bihar, Patna

2022-11-09Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.366 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda ====================================================== Mukesh Kumar Son Of Rajendra Chaudhary R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda ... ... Petitioner

Versus

The State Of Bihar Through Principal Secretary, Home Department, Bihar, Patna Bihar 2.

The District Magistrate, Nalanda Bihar 3.

The Superintendent Of Police, Nalanda Bihar 4.

The Station House Office, Biharsharif P.S., Nalanda Bihar 5.

Md. Shakil Son Of Late Sharfuddin @ Tapo R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda-803101 6.

Md. Ashif @ Rinku Son Of Md. Salaam R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda-803101 7.

Md. Raja @ Rishu Son Of Late Mansur R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda-803101 8.

Md. Shamshad Son Of Md. Asho Miyan R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda-803101 9.

Md. Ansar Son Of Late Jalil Sidhaki R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda-803101 10.

Md. Sahjad Shah Son Of Late Sidhaki Shah R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda-803101 11.

Md. Farmud Son Of Late Rashid Miyan R/O Village- Banouliya, P.S.- Biharsharif, District- Nalanda-803101 ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Chakravarti, Advocate For the Respondent/s :

Mr.Md. Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-11-2022 Mr. Pramod Kumar Chakravarti, Learned counsel for the petitioner has mentioned the matter for urgent hearing. Learned counsel submits that in this case petitioner is looking for a direction to the concerned police authorities to register a first information report. According to him his

Patna High Court CR. WJC No.366 of 2022(2) dt.09-11-2022 2/2 application right from submitted in the police station and the Superintendent of Police of the concerned district has not been interfered with. Learned counsel however accepts that the petitioner has not moved under Section 156(3) of the Code of Criminal Procedure in the learned court below for the reliefs prayed.

In the aforesaid view of the matter, in the light of the judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu v. State of U.P. & Ors. reported in AIR 2008 SC 907, this Court would not entertain this writ application directly for registration of an F.I.R. The petitioner, if so advised, may seek his remedy under Section 156(3) Cr.P.C. in the learned court below.

This Application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.