Shila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.21 of 2021 Arising Out of PS. Case No.-1337 Year-2018 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== SHILA, W/o Ram Naresh Prashad, R/o Village- Naryahi Semaria, Semaria Ghat, P.S.- Barauni, Distt- Begusarai, at present R/o Village- Narepur West, P.S.- Bachhwara, Distt- Begusarai.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Director General of Police, Bihar, Patna. 3.

The Superintendent of Police, Begusarai.

4.

The Deputy Superintendent of Police, Begusarai. 5.

The S.H.O. Bachhwara Police Station, District- Begusarai. 6.

Dr. Nishant, S.D.M. Teghra 7.

Dr. Bimal Kumar, B.D.O. Bachhwara Block, Dist. Begusarai. 8.

Milan Kumar, Programme Officer, (Manrega) Bachhwara DistrictBegusarai. 9.

Suraj Kant, Circle Officer, Bachhawara Anchal, Dist. Begusarai. 10.

Rakesh Kumar, S.H.O., Police Station, Bachhawara at presently Posted at Pirpaiti Bhagalpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Respondent/s :

Mr.Ruchikar Jha, A.C. to G.P.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-06-2022 The present writ application has been filed seeking the following reliefs:- "(i) For issuance of an appropriate writ in the nature of Mandamus for order or direction for restrained the respondents to do not disturb to the petitioner and her family members at the village Narepur Paschim, P.S. Bachhwara District Begusarai.

(ii) For issuance of an appropriate writ in the

Patna High Court CR. WJC No.21 of 2021(2) dt.21-06-2022 2/3 nature of Mandamus directing and commanding the Respondents authority to do not threatened and extort/exploit to the petitioner and her family members in the village Narepur Paschim P.S. Bachhwara District Begusarai.

(iii) For issuance of an appropriate writ in the nature of Mandamus directing and commanding to the Respondents authority to give the protection to the petitioner and her family members for appointment of Police personnel in respect of insecurity of life, property and liberty of the petitioner and her family members. (iv) For issuance of an appropriate writ in the nature of Mandamus directing and commanding the respondent authority to release the articles namely Chowki, Dari Tripal, Bricks, Gas Chulha, Dabba 10 and so many household articles of the shop of the petitioner and rupees One Lakh 30 thousand in her shop in favour of petitioner because the said shop is situated in the personal land of the petitioner.

(v) To grant any other relief or reliefs which this Hon'ble Court may thinks fit and proper in the facts and circumstances of the case."

It appears on perusal of the records that the petitioner has filed a Complaint Case No. 1337C of 2018 in the court of learned C.J.M., Begusarai against respondent nos. 6 to 10. She has also filed a petition under Section 195(1) Cr.P.C. in the same court and after the enquiry the learned Magistrate has taken cognizance of the offence under Sections 427 and 504 of the

Patna High Court CR. WJC No.21 of 2021(2) dt.21-06-2022 3/3 Indian Penal Code against respondent nos. 6 to 10. In the present writ application, the grievance of the petitioner is that the respondents have removed her shop which was situated on Khata No. 1642, 967 and Khesra No. 422, 543 situated at Jhamatia Ghat Anchal Bachhwara, Jamabandi No. 1803.

In the nature of the allegations made in the writ application and on the face of the fact that a complaint petition has already been registered by the petitioner in which cognizance has been taken and summons have been issued to respondent nos. 6 to 10, no relief as prayed in the writ application may be granted to the petitioner. This writ application is, thus, dismissed.

(Rajeev Ranjan Prasad, J) vats/- U T 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'.