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Patna High CourtCR. WJC/2157/2017disposed

Sudeep Singh @ Tinku @ Tinku Singh @ Sudeep Kumar Singh v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And O

2024-04-29Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2157 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Sudeep Singh @ Tinku @ Tinku Singh @ Sudeep Kumar Singh Son of late Subhash Chandra Singh Resident of Village- Rahua Mani, Police StationBangaon, District Saharsa. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department Of Home, Govt. Of Bihar, Patna 2.

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

The Inspector General of Police, Kosi Range, Darbhanga. 4.

The Deputy Insepector General of Police, Kosi Range, Saharsa. 5.

The Superintendent of Police, Saharsa.

6.

The Sub Divisional Police Officer, Saharsa Sadar, Saharsa. 7.

The Officer-in-Charge, Bangaon Police Station- Saharsa. 8.

Niranjan Kumar Singh Son of Bikram Prasad Singh 9.

Shambhu Singh Son of Kameshwar Prasad Singh 10.

Gagadeo Singh Son of Nityanand Singh 11.

Sushant Singh Son of Umeshwar Prasad Singh Respondent No. 8 to 11, Resident 0f Village- Rahua Mani, Police Station- Bangaon, DistrictSaharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Apurv Harsh, Advocate Mr. Manu Tripurari, Advocate Ms. Almanya, Advocate Mr. Raghu Raj Pratap, Advocate For the Respondent no. 8 :

Mr. Amarnath Jha, Advocate For the Respondent no. 9 :

Mr. Satish Kumar Singh, Advocate For the State :

Mr. Sheo Shakar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-04-2024 Heard the parties.

2. The following reliefs have been prayed for by the writ petitioner:- "i) For issuance of writ in the nature

Patna High Court CR. WJC No.2157 of 2017(6) dt.29-04-2024 2/3 of mandamus or any other appropriate writ for directing the official respondents to conduct an enquiry through an independent agency against private respondents for instituting successive false and frivolous cases against the petitioner and his family members and thereafter to take suitable action against them in accordance with law for instituting maliciously false cases.

ii) For issuance of writ in the nature of mandamus or any other appropriate writ for restraining the private respondents for instituting any false and frivolous cases against the petitioner and his family members by abusing the process of the court and in case of any such attempt or endeavor by the private respondents in this regard must followed by adequate penal action against the private respondents.

iii) For holding that the petitioner is entitled for adequate compensation from the private respondents for false and frivolous case instituting against him and his family members by abusing and misusing the process of court. iv) For issuance of any other order or orders which your Lordships may deem fit and proper in the facts and circumstances of the case."

3. The petitioner is given liberty to move the Superintendent of Police, Saharsa for his grievance. If such an application is filed, the Superintendent of Police, Saharsa will look into the grievances of the petitioner.

4. If the petitioner files an application before the present Superintendent of Police, Saharsa, he shall do an independent enquiry and will not be influenced by the fact that certain officials are involved in the case.

5. Any interim order passed earlier has now merged

Patna High Court CR. WJC No.2157 of 2017(6) dt.29-04-2024 3/3 with the final order.

6. The application stands disposed of.

(Sandeep Kumar, J) P. Kumar U T