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Patna High CourtCR. WJC/753/2025dismissed

Nagina Devi v. The State Of Bihar Through Its Principal Secretary, Home Department, Government Of Bihar

2025-06-24Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.753 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Samastipur ====================================================== Nagina Devi wife of Sahdev Das Resident of ward no. 06, Village - Dighra, P.S. Pusa, District - Samastipur, Bihar - 848115. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Home Department, Government of Bihar Sardar Patel Bhawan, Patna - 800023, Bihar 2.

The Principal Secretary, Home Department, Government of Bihar, Sardar Patel Bhawan, Patna 800023 Bihar.

3.

The Director General of Police, Govt. of Bihar, Sardar Patel Bhawan, Patna800023, Bihar. Patna 4.

The District Magistrate, District - Samastipur. Bihar 5.

The Superintendent of Police, District - Samastipur. Bihar 6.

The Station Head Officer (S.H.O) P.S. - Pusa, District -Samstipur. Bihar 7.

The Registrar, District Registry Office, Samastipur, Govt. of Bihar. Bihar 8.

The Circle Officer Samastipur Bihar 9.

Pramila Devi w/o Suresh Das Resident of Village and Post - Dighra, Pragna Saraossa, P.S. Pusa, District Samastipur, Bihar 848115. 10.

Ranju Devi w/o - Naresh Das. Resident of Village and Post - Dighra, Pragna Saraossa, P.S. Pusa, District Samastipur, Bihar 848115. 11.

Dilip Mahto son of-Late Baijnath Mahto Resident of Village and Post - Dighra, Pragna Saraossa, P.S. Pusa, District Samastipur, Bihar 848115. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Respondent/s :

Mr. Mujatbuddin Haque, G.P.12 Mr. Manish Kumar, AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-06-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. This is an application for issuance of an appropriate writ, order/orders, direction/directions commanding the respondents' authorities for the following reliefs: -

Patna High Court CR. WJC No.753 of 2025(2) dt.24-06-2025 2/3 a). For issuance of an appropriate writ for directing upon the respondent's authorities to act in accordance with law and to register FIR under appropriate sections of BNS-23, against the private respondent no.09, 10 and 11 and further to investigate the fraud committed by them in registration of sale deed after withholding the certain relevant facts and after hearing the parties further to act in fair manner and within stipulated time frame.

b). For direction upon the respondents to immediately and forthwith direct and call upon the respondent authorities to act in accordance with law and further to register the FIR and bring it to its logical end and to furthermore to arrest and sent up the accused persons for trial.

c). For direction upon the respondents to immediately and forthwith direct and call upon the respondent authorities to act in accordance with law and to bring the present case to its logical conclusion.

d). For directing the respondent/s to provide a fair opportunity to the petitioner to represent his case, as till date no concrete step has been taken by the police as well as local authorities for investigating the case of the petitioner.

e). For directing the respondent/s specially the District Magistrate, Samastipur (Rsp No.04) to act upon the representation dt.04.03.2025 as submitted by the petitioner. f). For issuance of an appropriate writ for commanding the respondents to act in accordance with law and to investigate the case properly within timeframe and without any biasness and to answer the Hon'ble Court that under which circumstances the private respondent got the sale deed registered after withholding the

Patna High Court CR. WJC No.753 of 2025(2) dt.24-06-2025 3/3 facts.

3. The petitioner wants cancellation of the registered sale deed. The petitioner is given liberty to move before the District Court by filing a civil suit for redressal of his grievances.

4. With the aforesaid liberty to the petitioner, this application is dismissed.

(Sandeep Kumar, J) Shishir/- U