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Patna High CourtCR. WJC/664/2016dismissed

Rajnish Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And O

2016-10-04Mr. Justice Hemant Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.664 of 2016 Arising Out of PS.Case No. - Year- Thana -District- LAKHISARAI =========================================================== Rajnish Kumar, son of Sri Ramanuj Prasad Singh, Resident of Village:- Babhangama, P.S- + District:- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2. The Deputy Inspector General of Police, Munger

3. The Superintendent of Police, Lakhisarai.

4. The Dy. S.P., Lakhisarai.

5. The S.H.O., Lakhisarai Police Station, District- Lakhisarai.

6. The Sub-Divisional Officer, Lakhisarai.

7. Chunchun Devi, Wife of Sri Himanshu Singh, Resident of Village- Rampur, P.S:- Surajgarha, District- Lakhisarai.

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

For the Petitioner/s : Mr. Ambika Bhagat, Advocate. For the Respondent/s : Mr. Kumar Pankaj, A.C. to S.C. 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL JUDGMENT Date: 04-10-2016 Heard learned counsel for the parties.

2. The petitioner, an Advocate, has invoked the writ jurisdiction of this Court so as to seek a direction to the respondents not to disturb the peaceful possession of the petitioner at Tauzi No.

Patna High Court Cr. WJC No.664 of 2016 dt.04-10-2016 2/3 3390, Plot No. 701, Khata No. 217, Area- 13 dhur 2 decimals situated at Mauza- Faridabad, Lakhisarai.

3. Father of the petitioner is the purchaser of the land vide sale-deed dated 21st of February, 2011. The petitioner is said to have made a written report on 8th of August, 2014 regarding disturbance in his peaceful possession from Respondent No. 7 but since no action was taken, he has made complaint to Principal Secretary, Home Secretary, D.G.P., Bihar, D.I.G., Munger and S.H.O., Lakhisarai Police Station. It is pointed out that proceedings under Section 144 Cr.P.C. was initiated and final order was passed against which petitioner has filed Criminal Revision No. 03/2014, which is pending before Ad hoc Additional Sessions Judge-V, Lakhisarai.

4. A perusal of the averments made in the writ application shows that family of the petitioner is claiming title over the land in question and has expressed threats at the hands of Respondent No. 7 but what is the manner of threat or the extent of threat or the date on which threats were extended has not been mentioned. In fact, a perusal of the writ application would show that it appears to be a case of civil dispute which is sought to be given a colour of threat to his life and property.

5. I do not find any cause to intervene in the writ

Patna High Court Cr. WJC No.664 of 2016 dt.04-10-2016 3/3 jurisdiction of this Court. The writ application is dismissed. (Hemant Gupta, J) P.K.P.

N.A.F.R.

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