Vijay Kumar Singh @ Vijay Singh v. The State Of Bihar Through The Director General Of Police, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 450 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== 1.

Prashant Singh @ Prashant Kumar Singh (MINOR) Represented Through His Father Namely Rakesh Kumar Singh @ Rakesh Singh @ Bambam Singh Represented Through His Father Namely Rakesh Kumar Singh @ Rakesh Singh @ Bambam Singh (Petitioner No.2) Son Of Harindra Singh, Resident Of Ward No.03, Village- Madhuban, Police Station- Madhuban, District- East Champaran.

2.

Rakesh Kumar Singh @ Rakesh Singh @ Bambam Singh S/O Harindra Singh Resident Of Ward No.03 Village- Madhuban, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the director General of Police, Govt. Of Bihar, Patna.

2.

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

Superintendent of Police, East Champaran, Motihari. 4.

Sub- Divisional Police Officer, Pakridayal, District- East Champaran. 5.

Investigating Officer Cum Inspector of Police, Police Circle- Madhuban, District- East Champaran.

6.

Station House Officer, Police Station- Rajepur, District- East Champaran. 7.

Lalan Kumar (Sub Inpector of Police) Son of Not Known Presently S.H.O. of Rajepur Police Station, District- East Champaran. 8.

The Editor- In- Chief, News4 Nation Media Private Limited . At-18, Sri Krishna Nagar, Main Road, Near Hotel Nesh Inn, Kidwaipuri, P.S.- Kotwali, Patna, 800001.

9.

Kaushalendra Priyadarshi, Director, News 4 Nation Media Private Limited IAS Colony House No.20, Kidwaipuri, P.S.- Kotwali, Patna, 800001. ... ... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No. 457 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Vijay Kumar Singh @ Vijay Singh Son Of Ram Pukar Singh Resident Of Village - Naraha Panapur, P.S.- Rajepur, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Director General of Police, Govt. of Bihar, Patna.

Patna High Court CR. WJC No. 450 of 2022(2) dt.26-04-2023 2/3 2.

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

Superintendent of Police, East Champaran, Motihari. 4.

Sub-Divisional Police Officer, Pakridayal, District East Champaran. 5.

Investigating Officer cum Inspector of Police, Police Circle- Madhuban, District - East Champaran.

6.

Station House Officer, Police Station - Rajepur, District East Champaran. ... ... Respondent/s ====================================================== Appearance :

(In Criminal Writ Jurisdiction Case No. 450 of 2022) For the Petitioner/s :

Mr. Rajan, Adv.

For the Respondent/s :

Mr. Manish Kumar, Adv.

(In Criminal Writ Jurisdiction Case No. 457 of 2022) For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Adv.

For the Respondent/s :

Mr. M. Nasrul Huda Khan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Counsel for the petitioner submits that Criminal Writ Jurisdiction Case No. 450 of 2022 and Criminal Writ Jurisdiction Case No. 457 of 2022 have arisen from the same P.S. and counsel prays that both the cases should be heard together.

Counsel for the petitioner submits that the present Cr. Writ applications have been filed for quashing of F.I.R. bearing Rajepur Town P.S. Case No. 48 of 2022 under Sections 354, 354-B, 120-B, 504 and 506 read with 34 of the I.P.C. and Sections 6, 8, 12 of the POCSO Act, 2012 and Sections 67, 67-B and 67-C of the I.T. Act, 2000.

Patna High Court CR. WJC No. 450 of 2022(2) dt.26-04-2023 3/3 Counsel for the State submits that in Criminal Writ Jurisdiction Case No. 450 of 2022, counter affidavit has been filed and in Criminal Writ Jurisdiction Case No. 457 of 2022, counsel for the State seeks permission to file the hard copy of the counter affidavit, in the Court itself.

Permission granted.

In the counter affidavit, statement of victim has been recorded under Section 164 of the Cr.P.C. and she has not disclosed name of anyone in this case. In this matter, the Superintendent of Police has already directed to the Investigating Officer to submit a final form, as in the lack of evidence.

In this view of the matter, the grievances of the petitioner have been settled and both the present Cr. Writ Application stands disposed off.

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