Pramod Kumar @ Jhunjhun Kumar @ Pramod Kunwar v. The State Of Bihar Through The Principal Secretary, Home Deptt., Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.191 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Pramod Kumar @ Jhunjhun Kumar @ Pramod Kunwar S/o Sri Yogendra Kumar, Resident of Sirauna, P.S.-Shikarganj, Chiraiya, District-East Champaran.

2.

Neelam Devi W/o Pramod Kumar @ Jhunjhun Kumar @ Pramod Kunwar Resident of Sirauna, P.S.-Shikarganj, Chiraiya, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department., Government of Bihar, Patna.

2.

The Director General of Police, Bihar, Patna. 3.

The Inspector General (I.G.) Muzaffarpur.

4.

The Deputy Inspector General (D.I.G.), East Champaran at Bettiah, West Champaran.

5.

The Senior Superintendent of Police (S.S.P.) Motihari, East Champaran. 6.

The Superintendent of Police (S.P.) Motihari, East Champaran. 7.

The Deputy Superintendent of Police, Sikarahana at Dhaka under District East Champaran.

8.

The Station House Officer (SHO) Chiraiya Police Station, East Champaran. 9.

The Station House Officer (SHO) Shikarganj Police Station, East Champaran.

10.

Md. Latif S/o Late Rahman Mian (Put their thumb impression on 4.7.2020 who died near about 8 years back Resident of Village Sirauna, P.S.- Shikarganj, Chiraiya, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Sharan Singh, Adv.

For the Respondent/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present Cr. Writ Petition has been filed for quashing the malicious and fabricated F.I.R. bearing Shikarganj,

Patna High Court CR. WJC No.191 of 2021(2) dt.21-03-2023 2/2 Chiraiya P.S. Case No. 196 of 2020 dated 04.07.2020 lodged under Sections 147, 148, 149, 447, 448, 341, 323, 354, 153, 153(A), 295(A), 279, 427, 120(B), 504 & 506 of the Indian Penal Code.

Learned counsel for the State submits that in paragraph no.6 of the counter affidavit it has come that informant of the case is Mohd. Mulazim S/o Mohd. Latif but only due to mistake the name has been wrongly written as Nisan Mohd. Latif, in this regard he has filed an affidavit also clarifying the entire circumstances under which in place of Mohd. Mulazim, Mohd. Latif who is father of Mohd. Mulazim has been written. He further submits that in this regard informant has filed an affidavit before the A.C.J.M. as well as in the Police Station also.

After going through the contents of F.I.R., it transpires to this Court that investigation is required in this case and, therefore, Court is not inclined to interfere in this case and the present Cr. Writ Petition is hereby dismissed. (Dr. Anshuman, J.) ritik/- U