Bachha Singh @ Anand Mohan Kumar v. The State Of Bihar, Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.49 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Jehanabad ====================================================== BACHHA SINGH @ ANAND MOHAN KUMAR, S/o Ramjanam Singh, R/o village- Hasanpur, Pipra, Distt.- Arwal ... ... Petitioner

Versus

1.

The State Of Bihar, Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna.

2.

Superintendent of Police, Arwal, P.S.- Arwal, Dist.- Arwal. 3.

Officer-in-Charge, Arwal Police Station, Arwal, District- Arwal 4.

Subhash Yadav, Investigating Officer, ASI, Arwal Police Station, Arwal, P.S.- Arwal, Dist.- Arwal 5.

Prabhakanta Devi Wife of Late Ramayan Singh Vill.- Hasanpur, P.S.- Arwal, Dist.- Arwal.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Respondent/s :

Mr.Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-06-2022 This is a completely misconceived application. The petitioner is looking for a writ in the nature of mandamus to the respondent authorities to register a Police case in Arwal Police Station. In the whole writ application, there is no averment that the petitioner took steps under Section 154(3) and Section 156(3) Cr.P.C.

One of the prayers of the petitioner is to issue a direction to the respondent no. 3 not to take action against the petitioner in connection with Arwal P.S. Case No. 177 of 2020. Such kind of prayer wide and vague relief cannot be granted by

Patna High Court CR. WJC No.49 of 2021(2) dt.23-06-2022 2/2 this writ Court when the investigation of the case is still pending.

In the opinion of this Court, this writ application cannot be entertained for the reliefs prayed in the writ application. If the petitioner is aggrieved for the reason that the F.I.R. has not been registered, he should pursue his remedy in terms of the judgment of the Hon'ble Supreme Court in the case of Priyanka Srivastava versus the State of U.P. reported in (2015) 6 SCC 287 and Lalita Kumari versus Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1. Liberty is there to the petitioner to pursue his remedy. Similarly, the petitioner is at liberty to take steps in accordance with law to challenge the F.I.R., if so advised. Mr. Suman Kumar Jha, learned A.C. to A.A.G.-3 is present.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.