Chandan Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.598 of 2023 Arising Out of PS. Case No.-746 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Chandan Kumar Son Of Late Prem Shankar Singh R/O Village- Menghaul, P.S.- Khodawandpur, District- Begusarai, Bihar ... ... Petitioner/S

Versus

1.

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

The Superintendent Of Police, Khagaria- Bihar 3.

Dy. S.P. Rular, Khagaria 4.

Mukesh Kumar Verma, Investigating Officer, Khagaria 5.

Poonam Kumari, Then Executive Officer, Municipal Corporation, Khagaria 6.

Vikash Kumar, Then Accountant, Municipal Corporation, Khagaria Bihar 7.

Raushan Kumar, Then Junior Engineer, Municipal Corporation, Khagaria 8.

S.H.O. Of Khagaria Police Station Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akash Shankar, Adv.

For the Respondent/s :

Mr. Manish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Criminal Writ Petition to partially quash the cognizance order and final form/charge-sheet along with F.I.R. in connection with Khagaria P.S. Case No. 746/2017 lodged under Sections 409 and 420 of the I.P.C.

Learned counsel for the respondents submits that this Hon'ble Court in the case of Surendra Singh Vs. State of

Patna High Court CR. WJC No.598 of 2023(2) dt.03-05-2023 2/2 Bihar and Ors vide order dated 09.09.2022 passed in Cr.WJC No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the respective Superintendent of Police and the Superintendent of Police may be directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period.

In this view of the matter, the present relief of partially quashment is hereby rejected but the Petitioner is directed to file his representation before Superintendent of Police, Khagaria (Respondent no.2) in the light of order passed in the case of Surendra Singh Vs. State of Bihar and Ors on 09.09.2022 in Cr.WJC No.153 of 2017 with analogous cases within four weeks from the date of passing of this order. The Superintendent of Police, Khagaria (Respondent no.2) is directed to do needful at the earliest. With the aforesaid direction, the present Cr. Writ Application is hereby disposed off.

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