Suman Kumari v. The State Of Bihar Through The Principal Secetary, Department Of Home, Government Of Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.610 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- DINARA District- Rohtas ====================================================== Suman Kumari D/O Laljee Singh Residing at Village- Prashtampur, P.OKarhansi, P.S- Natwar, Distt.- Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secetary, Department of Home, Government of Bihar, Patna 2.
The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.
The Director General of Police, Bihar, Patna 4.
The Deputy Inspector General, Dehri, Rohtas.
5.
The District Magistrate, Rohtas at Sasaram.
6.
The Superintendent of Police, Rohtas at Sasaram. 7.
The District Education Officer, Rohtas, at Sasaram. 8.
The Station House Officer (S.H.O) Dinara, Rohtas. 9.
Baban Singh S/O Mundrika Singh R/O Village- Tumba, P.O- Ramdihra, P.SRohtas, Distt.- Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Singh, Adv.
For the Respondent/s :
Mr. Md. Nadim Seraj, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-04-2023 Learned counsel for the petitioner and learned counsel for the State present.
The present criminal writ application has been filed with series of relief(s).
The first and second relief(s) are to take action against the private respondent no. 9 and his associates who have illegally occupied the school premises and further direct the State respondent to take appropriate legal action for restoration
Patna High Court CR. WJC No.610 of 2023(3) dt.28-04-2023 2/3 of school premises in favour of school administration. Since, the petitioner has sought relief(s) against the private respondent, against whom she has contractual relation. No order need be passed towards the first and second relief(s) to take action and provide security to the school. So far as third relief with regard to proper investigation relation to Dinara (Bhanas) P.S. Case No. 66 of 2023 dated 22.02.2023 registered under Sections 147, 341, 427, 448, 504, 354(C) and 307 of the I.P.C. read with Section 27 of the Arms Act is concerned, the petitioner is granting liberty to represent before the Superintendent of Police, Rohtas at Sasaram in the light order passed in Surendra Singh Vs. The State of Bihar & Ors. in Cr. WJC. No. 153 of 2017 and analogous cases decided on 09.09.2022.
So far as relief no. 4 and 5 is concerned, no order need be passed on those relief(s) as petitioner has already filed F.I.R. for which liberty has been granted to the petitioner to move before the Superintendent of Police, Rohtas at Sasaram in the light of the order passed in Surendra Singh Vs. The State of Bihar & Ors. in Cr. WJC. No. 153 of 2017 with analogous cases decide on 09.09.2022 within four weeks' from today and the Superintendent of Police, Rohtas at Sasaram shall consider
Patna High Court CR. WJC No.610 of 2023(3) dt.28-04-2023 3/3 the representation and take appropriate action. With this direction, the present criminal writ application stands disposed off.
(Dr. Anshuman, J.) sadique/- U T