Saurabh Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.541 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== SAURABH SRIVASTAVA SON OF UPENDRA KUMAR SRIVASTAV RESIDENT OF WARD NO 32, C.L. JHA NIWAS, AGARWAH, MOTIHARI, EAST CHAMPARAN, BIHAR 845401 ... Petitioner

Versus

1.

The State of Bihar through the Director General of Police, Bihar 2.

THE SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI 3.

THE STATION HOUSE OFFICER, TOWN POLICE STATION, EAST CHAMPARAN, MOTIHARI 4.

ANJAN KUMAR SON OF NOT KNOWN A.S.I PRESENTLY POSTED AS STATION HOUSE OFFICER, TOWN POLICE STATION , EAST CHAMPARAN, MOTIHARI ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Prince Kumar Mishra, Adv.

For the Respondents :

Mr.Saroj Kumar Sharma, AC to AAG III ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State. The present application has been filed for quashing of the first information report bearing Town P.S. Case No. 186 of 2022, dated 14.03.2022, registered under Sections 147, 148, 149, 186, 332 and 353 of the Indian Penal Code. Counsel submits that upon bare reading of the first information report offence is made out, but, simultaneously he is showing the content of another first information report and by conjugal reading of the same, according to him, the earlier case becomes falsifies.

Counsel for the State submits that the petitioner may

Patna High Court CR. WJC No.541 of 2022(2) dt.27-04-2023 2/2 be directed to represent the Superintendent of Police, East Champaran at Motihari (respondent no. 2) in the light of the order passed by the coordinate Bench in Cr.W.J.C. No. 153 of 2017 (Surendra Singh Vrs. State of Bihar & Ors.) and analogous cases decided on 09.09.2022.

The petitioner is directed to file his representation for his grievances before the Superintendent of Police, East Champaran at Motihari (respondent no. 2) within four weeks from today and the Superintendent of Police is directed to do the needful in accordance the directions given in the above mentioned case.

With this observation, this criminal writ petition is disposed off.

Till filing of the report under Section 173(2) of the Criminal Procedure Code, 1973, no coercive steps be taken against the petitioner.

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