Umesh Prasad v. The State Of Bihar Through The Principal Secretary, Deptt. Of Home, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.871 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- EKANGARSARAI District- Nalanda ====================================================== UMESH PRASAD Son of Late Yamuna Prasad Resident of VillageDharambigha, P.S.- Telhara, P.O.- Neema, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

The District- Magistrate, Nalanda, Biharsharif. Nalanda, Biharsharif 3.

The Superintendent Of Police, Nalanda, Bihyarsharif. Nalanda, Biharsharif. 4.

The Block Development Officer, Ekangarsarai, Nalanda Resident Of Village- Upadhyay Chhapar, P.S.- Mairwa, District- Siwan. 5.

The Officer- In-Charge, P.S.- Ekangarsarai, District- Nalanda. P.S.- Ekangarsarai, District- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Manish Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-05-2023 Counter affidavit has been filed by the State which is taken on record.

Heard learned counsel for the petitioner and learned APP for the State.

Pursuant to the last order dated 28.04.2023, the then, District Magistrate, Nalanda has appeared before this Court and filed his affidavit.

The State has submitted that charge-sheet has been submitted by the police against the petitioner, therefore, the F.I.R cannot be quashed at this stage.

With the aforesaid observation and direction, this

Patna High Court CR. WJC No.871 of 2019(5) dt.12-05-2023 2/2 application is disposed of with liberty to the petitioner to raise all the grounds at the cognizance stage before appropriate Court. Personal appearance of the then, District Magistrate, Nalanda is dispensed with.

(Sandeep Kumar, J) Harsh/ U T