Nand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.562 of 2022 Arising Out of PS. Case No.-218 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== NAND KUMAR SINGH S/O RAMCHANDRA SINGH Resident of Dighi Kala East (Hajipur), P.S.- Hajipur, District- Vaishali ... Petitioner

Versus

1.

The State of Bihar 2.

The Director General of Police, Bihar, Patna 3.

The Inspector General of Police, Muzaffarpur 4.

The Superintendent of Police, Vaishali 5.

The Police Inspector-cum- S.H.O., Sadar Hajipur, Vaishali ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Ravi Bhushan, Adv.

For the Respondents :

Mr. Seo Shankar Prasad, SC VIII ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-04-2023 Counsel for the petitioner is directed to remove the defect(s) within two weeks.

Heard learned counsel for the petitioner and the State. Counsel for the petitioner submits that the present application has been filed for quashing of the first information report of Vaishali Sadar P.S. Case No. 218 of 2022, dated 24.03.2022, lodged under Sections 341, 342 and 323 of the Indian Penal Code and 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Counsel for the petitioner submits that this case has been filed by the informant at the instance of the enemies of the petitioner of the village. Counsel submits that both, petitioner and informant, are residents of the same village and have very

Patna High Court CR. WJC No.562 of 2022(2) dt.27-04-2023 2/3 good relation, but, at the instance of the enemy of the village this case has been filed under wrong impression. Counsel further submits that both the parties have realized and filed a compromise petition before the trial Court. Counsel fairly submits that though compromise petition has been filed and informant is not interested to pursue the matter, but, since it is an offence not compoundable in nature, therefore, he came in the writ petition.

Counsel for the State submits that charge sheet has been filed in this case.

In this view of the matter, the petitioner is directed to represent himself before the Superintendent of Police, Vaishali at Hajipur (respondent no. 4), as well as before the concerned trial Court, who 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 shall verify the matter and take a decision in the light of Section 173(8) of the Criminal Procedure Code, 1973, and considering that the grievances between the parties have settled and they filed joint compromise petition in this regard then do all the needful, if it is found true that parties are not ready to proceed further against each other.

Patna High Court CR. WJC No.562 of 2022(2) dt.27-04-2023 3/3 With this direction, this criminal writ petition is disposed off.

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