Patna High CourtCR. WJC/1163/2013dismissed

Birbal Hari v. The State Of Bihar And ORS

2015-01-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1163 of 2013 ====================================================== Birbal Hari son of Sri Sukhdeo Hari, resident of village/MohallaVikramsheela Colony, near P.T. Middle School, P.S.- Tilkamanjhi, DistrictBhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna

3. The Director General of Police Govt. of Bihar, Old Secretariat, Patna.

4. The District Magistrate, Bhagalpur

5. The Senior Superintendent of Police, Bhagalpur

6. Officer-in-Charge of Tilkamanjhi Police Station, Distt. - Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate : Mr. Jyoti Ranjan Jha, Advocate For the Respondent/s : Mr. Shashi Shekhar Kr. Prasad, A.C. to S.C.-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is informant of Kotwali (Tilka Manjhi) P.S. Case No.531 of 2013 dated 19.9.2013 registered for the offences punishable under sections 366A and 506 of the Indian Penal Code.

In the present writ petition filed under Articles 226 and 227 of the Constitution of India on 13.12.2013, a prayer has been made to direct the official respondents particularly respondent nos.4 to 6 to forthwith arrest the accused persons of the aforesaid

Patna High Court Cr. WJC No.1163 of 2013 (2) dt.09-01-2015 2/2 Kotwali (Tilkamanjhi) P.S. Case No.531 of 2013. A counter affidavit has been filed on behalf of the State. Learned counsel for the State has submitted that in the aforesaid case after conclusion of investigation, the police have already submitted final report on 27th November, 2013 holding the accusation made against the accused persons to be false. After filing of the final report by the police, the present writ petition has been filed before this Court.

The application is thoroughly misconceived.

Accordingly, the writ petition is dismissed.

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