Uday Pratap Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16200 of 2018 ====================================================== Uday Pratap Singh Son of Budhan Ram Singh Resident of Mohalla- Shivganj, Arrah, P.S. Arrah Town, District- Bhojpur at Arrah. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Road Constitution Department, Government of Bihar, Visheshwariya Bhawan, Patna. 2.

The Director, Training Examination and Research Institute, Road Construction Department, Bihar, Patna.

3.

The Executive Engineer, Fling Scot Division No. 2. Road Construction Department, Patna.

4.

The District Magistrate Bhojpur, District Bhojpur at Arrah. 5.

The Deputy Development Commissioner, Bhojpur, Office of the District Rural Development Authority, District- Bhojpur at Arrah. 6.

The Executive Engineer, Local Area Engineering Organisation L.A.E.O, Works Division No. 1, Bhojpur, Arrah 7.

The Assistant Director, Building Division, Arrah, District- Bhojpur at Arrah. 8.

The Assistant Engineer, Local Area Engineering Organisation L.A.E.O, Works Division No. 1, Bhojpur, Arrah.

9.

The Junior Engineer, Local Area Engineering Organisation L.A.E.O, Works Division No. 1, Bhojpur, Arrah.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Ashok Kumar Dubey, AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 23-03-2023 None appears for the petitioner.

In the instant petition, petitioner has prayed for following reliefs:- "(i) For issuance of a writ in the nature of certiorari the quash and setting

Patna High Court CWJC No.16200 of 2018 dt.23-03-2023 2/3 aside the official order issued vide Memo No. 1073 dated 28.7.2018 (Annexure-6) by the Deputy Development Commissioner, Bhojpur, Arrah (Respondent No. 5) whereby and where under the Respondent No. 5 has directed to the Executive Engineer, L.A.E.O.

Works Division No. 1, Arrah (Respondent No. 6) to lodge the F.I.R. against the petitioner i.e. contractor in accordance with law within two days and action taken report submitted to the under signed i.e.

Respondent No. 5.

(ii) For further issuance of a writ in the nature of mandamus, directing/ commanding the respondent concerned to take legal action in accordance with law against the erring official as well as respondents concerned by which fault/ wrong report, the petitioner suffers a lot by way of Physical, Mental and Financial and also going to be made an accused in a criminal proceeding.

(iii) For further directing/ commanding the erring respondent to pay compensation to the petitioner for financial, mental and physical harassment as well as illegal criminal proceeding without any fault on the part of the petitioner.

(iv) For issuance of any other appropriate writ/ writs, order/ orders, direction/ directions for which the petitioners are entitled to in accordance with law."

Prima facie, the present writ petition is not maintainable in respect of proposal to register F.I.R. against the petitioner.

Accordingly, the present writ petition stands dismissed as not maintainable, reserving liberty to the petitioner

Patna High Court CWJC No.16200 of 2018 dt.23-03-2023 3/3 in the event of filing F.I.R. to question the validity of F.I.R. under Section 482 of the Cr.P.C.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) rakhi/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 28.03.2023 Transmission Date N.A.