Ghanshyam Prasad @ Ghanshyam Kumar v. The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.190 of 2021 Arising Out of PS. Case No.-203 Year-2020 Thana- KANKARBAG District- Patna ====================================================== 1.

Ghanshyam Prasad @ Ghanshyam Kumar S/O Late Kamaldeo Prasad Resident Of Village-Kuaawan, P.S.-Chakiya, District-East Champaran (Motihari).

2.

Shobha Gupta W/O Ghanshyam Prasad @ Ghanshyam Kumar Resident Of Village-Kuaawan, P.S.-Chakiya, District-East Champaran (Motihari). 3.

Abhishek Kumar @ Abhishek Ansul S/O Ghanshyam Prasad @ Ghanshyam Kumar Resident Of Village-Kuaawan, P.S.-Chakiya, District-East Champaran (Motihari).

... ... Petitioner/s

Versus

The State Of Bihar Through The Director General Of Police, Government Of Bihar, Patna, Patna.

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

For the Petitioner/s :

Mr. Sarvan Kumar, Adv.

For the Respondent/s :

Mr. Prabhat Kumar Verma, AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2023 Counsel for the petitioner has filed the present writ petition for quashing the F.I.R. bearing Kankarbagh P.S. Case No. 203 of 2020 lodged under Section 498(A) of the I.P.C. and Section 3/4 of Dowry Prohibition Act.

Counsel for the petitioner submits that it is a family matter and dispute is going on between the sons of petitioner no. 1 and 2 and brother of the petitioner no. 3, who is residing at outside the country, where divorce has already taken place and only with a view to create pressure the present writ petition has been filed.

Patna High Court CR. WJC No.190 of 2021(2) dt.21-03-2023 2/2 Counsel for the petitioner submits that liberty may be given to petitioner to represent before the Superintendent of Police for placing the entire material, so that proper investigation may made in this case.

Counsel for the State has no objection on the same. This writ petition is hereby disposed off in the light of Surendra Singh Vs. State of Bihar & Ors.

Counsel for the State submits that this Hon'ble Court in Surendra Singh Vs. State of Bihar & Ors. Vide order dated 09.09.2022 passed in Cr. W.J.C. No. 153 of 2017 with analogous cases, has made an observation that in such types of cases, the petitioner shall represent the entire matter before the Superintendent of Police, Patna within four weeks from today and the Superintendent of Police, Patna upon hearing the parties, shall take appropriate decision and shall pass a reasoned order within six weeks thereafter.

With the aforesaid direction, this Cr. Writ petition is hereby disposed off.

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