Iqbal Hashmi v. The State Of Bihar Through Principal Secretary, Deptt. Of Home Affairs, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.786 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Bhagalpur ====================================================== Iqbal Hashmi @ Md. Iqbal Hashmi, S/O Late Md. Shaukat Hashmi, Resident Of Mohalla- Bhikhanpur, Gumti No.3, P.S Ishakchak, District Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar Through Principal Secretary, Deptt. Of Home Affairs, Govt. Of Bihar, Patna 2.

The Deputy Inspector General Of Police, East Area, Bhagalpur. 3.

The Senior Superintendent Of Police, Bhagalpur. 4.

The Deputy Superintendent Of Police, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Abu Nasar, Advocate Md. Murad Ashraf, Advocate For the Respondent/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 01-09-2025 The present writ petition has been preferred by the petitioner seeking direction to the State Authorities to register FIR against the delinquent Police Officers on the basis of the grievance raised against the Respondent No. 2 by the petitioner vide Memo No. 1, dated 03.08.2019 as well as starting departmental proceeding against the delinquent Police Officers.

2. Apparently, the present writ petition is misconceived. The petitioner should have lodged FIR against the Respondent concerned and in case of refusal by the police to lodge FIR, he has remedy to move learned Judicial Magistrate for lodging criminal complaint.

Patna High Court CR. WJC No.786 of 2021(7) dt.01-09-2025 2/2

3. As far as initiation of departmental proceeding is concerned, the petitioner has remedy to make a representation to the controlling authority of the delinquent Police Officers. As such, the present writ petition is not maintainable.

4. At this stage, learned counsel for the petitioner is seeking permission to withdraw the present petition with liberty to take legal remedy as per law.

5. Permission is accorded.

6. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty as sought for. (Jitendra Kumar, J) S.Ali/- U T