Rakesh Kumar v. The State Of Bihar Through The Director General Of Police, Bihar, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.788 of 2025 Arising Out of PS. Case No.-587 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Rakesh Kumar, Son of Ram Chandra Rai, Resident of Chiknauta Jadua, Vaishali, Police Station - Hazipur Town, District - Vaishali. ... ... Petitioner
Versus
1.
The State of Bihar through the Director General of Police, Bihar, Patna. Bihar 2.
The Inspector General of Police, Tirhut Range, Muzaffarpur, Bihar 3.
The Deputy Inspector General of Police, Tirhut Range, Muzaffarpur. Bihar 4.
The Senior Superintendent of Police, Vaishali, Bihar 5.
The Deputy Superintendent of Police, Vaishali, Bihar 6.
The Officer-in-charge, Hazipur Town Police Station, Bihar 7.
The Investigating Officer, Hazipur Town P.S. Case No.- 587 of 2024. Bihar ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Respondent/s :
Mr. Sunil Kumar Mandal, S.C. -3 Mr. Arjun Prasad, A.C. to S.C.-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2.
This application has been filed for quashing the F.I.R. vide Hajipur Town P.S. Case No.587 of 2024 registered under sections 25(1-b)a and 26 of the Arms Act. 3.
It is the contention of learned counsel for the petitioner that the petitioner has been falsely implicated in this case by showing the recovery of illegal weapon from his house. The information to the police was sent by the estranged wife of
Patna High Court CR. WJC No.788 of 2025(2) dt.01-05-2025 2/2 the petitioner. The petitioner was taken to the police station and while he was sitting in the police station, the recovery has been shown by the police and the witnesses of the recovery are the father-in-law and wife of the petitioner. Therefore, it is submitted that this case may be re-investigated or further investigated by a higher official so that the petitioner does not suffer.
4.
In view of the aforesaid, this application is disposed of with direction to the petitioner to approach the Superintendent of Police, Vaishali with a representation. If such a representation is filed, the Superintendent of Police, Vaishali will examine the case himself and will get the case further investigated / re-investigated by a superior officer not below the rank of Deputy Superintendent of Police. The entire exercise must be done by the Superintendent of Police within three months from the date of filing representation by the petitioner. (Sandeep Kumar, J) pawan/- U T