Shrikant Mahto v. The State Of Bihar Through Principal Secretory, Department Of Home, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1350 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj ====================================================== Shrikant Mahto S/o Late Harinandan Mahto Resident of village- Pipra, P.O.- Saraiya Narendra, P.S.- Madhopur in the District- Gopalganj, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretory, Department of Home, Bihar, Patna. Bihar 2.

The District Magistrate, Gopalganj Bihar 3.

The Superintendent of Police, Gopalganj Bihar 4.

The Officer in Charge, Madhopur Police Station, District Gopalganj. Bihar 5.

Vineet Vinayak, SHO, Madhopur, Distt.- Gopalganj Bihar 6.

Prashant Kumar, CO, Barauli, Distt.- Gopalganj Bihar 7.

Sandeep Kumar, SHO Barauli, Distt.,- Gopalganj Bihar 8.

Daya Nand Sah S/o Late Nathuni Sah Not Available 9.

Kailash Prasad wireless inspector S/o Late Haricharan Mahto R/o Vill.- Pipra, P.S. - Madhopur, District- Gopalganj 10.

Vyas Mahato S/o late Haricharan Mahato R/o Vill.- Pipra, P.S. - Madhopur, District- Gopalganj 11.

Deepak Mahto S/o Vyas Mahato R/o Vill.- Pipra, P.S. -Madhopur, DistrictGopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Harshvardhan For the Respondent/s :

Mr.G.P.10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-07-2025 The defect(s) as pointed out by the office are ignored.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. This application has been filed for seeking following reliefs:

Patna High Court CR. WJC No.1350 of 2025(2) dt.22-07-2025 2/3 I. To direct respondents especially respondent no. 2 to 7 to stop the survey work on the land of petitioner till the final order of the Chief Judicial Magistrate, Gopalganj.

II. To direct the respondents especially respondent 3 and 4 no. and to investigate the case i.e. Madhopur P.S.

Case No. 51/2024 U/S. 191(2),191(3), 190,115(2),118(1),132,121(1) (2),223,352,351(2) of BNS properly and also to take legal action against the real culprit of the above case.

III. To direct the respondents to initiate disciplinary proceedings against the erring officials of Gopalganj police and administration who have acted in excess of power by mercilessly thrashing women members of petitioner's family.

IV. For directing the respondents to award compensation to the petitioner for the police excess committed against his family.

4. Disputed question of facts are involved in this writ petition, which cannot be in writ jurisdiction.

5. In these circumstances, this application is disposed of with liberty to the petitioner to approach the Bihar Human Rights Commission by way of filing an application.

6. If such an application is filed by the petitioner, then the same shall be considered by the Bihar Human Rights Commission on merits.

7. It goes without saying that if any question of

Patna High Court CR. WJC No.1350 of 2025(2) dt.22-07-2025 3/3 limitation arises before the Bihar Human Rights Commission, the same shall be condoned, taking into consideration the fact that the petitioner was pursuing his remedy before this Court.

8. With the aforesaid direction, this application is disposed of.

(Sandeep Kumar, J) anand/- U T