Patna High CourtCR. WJC/149/2014dismissed

Bihari Paswan v. The State Of Bihar Through The Principal Secretary, Rural Development Department, Government Of Bih

2015-01-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.149 of 2014 =========================================================== Bihari Paswan, S/o Late Firangi Paswan Resident of Village- Ghorahia, P.S.- Sri Nagar Pujhan, District- West Champaran.

... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna

2. The District Magistrate, West Champaran at Bettiah, District- West Champaran

3. The District Development Commission, West Champaran at Bettiah

4. The Sub Divisional Officer, Bettiah Sadar

5. The Deputy Inspector General of Police, Champaran Range, Bettiah, DistrictWest Champaran

6. The Superintendent of Police, West Champaran

7. The Deputy Superintendent of Police, West Champaran

8. The Block Development Officer - cum- Executive Officer Bainiya Block, District- West Champaran at Bettiah

9. Officer-in-Charge, P.S. Srinagar, Pujhan Patjirwa, Bainiya Block, District- West Champaran .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Wasi Ahmad Khan, Advocate For the Respondent/s : Mr. Anshuman Singh, GP-24 Mr. Rajeev Shekhar, AC to GP-24 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 16-01-2015 The petitioner claims himself to be one of the beneficiaries of MANREGA scheme.

Patna High Court Cr. WJC No.149 of 2014 dt.16-01-2015 2 / 2 In the present application filed under Articles 226 and 227 of the Constitution of India, he seeks a mandamus to be issued to the respondents to file charge sheet against the FIR named accused persons of Sri Nagar (Pujhan) P.S. Case No. 8 of 2013 dated 22nd January, 2013 registered for the offences punishable under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code.

Admittedly, the petitioner is not the informant of the case. He has no locus standi in the matter. Even otherwise, the prayer made on behalf of the petitioner is misconceived. To hold investigation in a criminal case is the statutory right of the police. Neither the informant nor the accused nor any other person can dictate the manner in which an investigation into an offence is to be carried out.

The application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- U T