Pawan Mandal v. The State Of Bihar, Through The Director General Of Police Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1123 of 2019 Arising Out of PS. Case No.-14 Year-2015 Thana- KASIMBAZAR District- Munger ====================================================== PAWAN MANDAL Son of Suresh Mandal Resident of Village - Paschmi Koiri Tola Makshudpur, P.S.- Kasim Bazar, District- Munger ... ... Petitioner

Versus

1.

The State Of Bihar, Through The Director General Of Police Government Of Bihar, Patna Bihar 2.

The Director General Of Police, Bihar, Patna 3.

The Inspector General of Police, Bhagalpur Bihar 4.

The Deputy Inspector General of Police, Munger Bihar 5.

The Superintendent of Police, Munger Bihar 6.

The Deputy Superintendent of Police, Munger Bihar 7.

The Officer-in-Charge of Kasim Bazar Police Station, Munger Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Respondent/s :

Mr.Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and the State. Writ petition has been filed for a direction to the State officials not to register any false case against the petitioner or remand him in unknown cases without making preliminary enquiry as the petitioner has been made accused in Kasim Bazar Police Station Case No. 14/15 and since then he has been remanded in cases one after another.

Counter affidavit has been filed by the State submitting that in Kasim Bazar Police Station Case No. 14 of

Patna High Court CR. WJC No.1123 of 2019(3) dt.21-02-2023 2/2 2015 police has already filed charge sheet. In paragraph 10 of the counter affidavit, it is stated that the petitioner carries chequered criminal history and he is accused in ten criminal cases prior to lodging of the aforesaid case. It is trite law that power conferred upon this Court under Article 226 of the Constitution of India can not be invoked for issuance of writ in abstract. The prayer of the petitioner is speculative in nature without any foundational facts.

In view of nature of prayer, facts and circumstances of this case, I do not find any merit in this criminal writ petition. Writ petition is accordingly dismissed.

(Prabhat Kumar Singh, J) Shashi U T