Patna High CourtCR. WJC/1060/2016disposed

Krishna Deo Roy v. The State Of Bihar Through The Director General And Inspector General Of Police, Government Of Biha

2018-08-16Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1060 of 2016 ====================================================== Krishna Deo Roy Son of Late Maujilal Rou, resident of Village- Kharika, Police Station- Bidupur in the district of Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar through the Director General and Inspector General of Police, Govt. of Bihar, Patna.

2. The Inspector General of Police, Muzaffarpur, Bihar.

3. The Deputy Inspector General of Police, Muzaffarpur, Bihar.

4. The Superintendent of Police, Vaishali at Hajipur.

5. The Deputy Superintendent of Police, Vaishali at Hajipur, Vaishali.

6. The officer-in-Charge, Bidupur Police Station District- Vaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Respondent/s : Mr. Partha Sarthy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-08-2018 It appears that the petitioner has moved this Court directly under Article 226 of the Constitution of India without taking recourse to the remedy available to him under the Code of Criminal Procedure. The allegation is that the co-villagers of the petitioner, as named in paragraph 4 of the writ application, have attacked on the house of the petitioner, brutally assaulted him and his family members and have also ousted them from the village and they have illegally captured the entire landed property of the petitioner. It, however, appears that the petitioner has not lodged any FIR in this regard and the occurrence which is said to have taken place in the month of February, 2015 has not been reported to the nearest police station.

Patna High Court Cr. WJC No.1060 of 2016 (2) dt.16-08-2018 This Court, sitting in its writ jurisdiction, will not go into taking enquiries as to the correctness of the allegations. It is for the petitioner to seek his remedy by taking recourse to the provisions of the law existing in the Code of Criminal Procedure. The application stands disposed off with the aforesaid observations.

(Rajeev Ranjan Prasad, J) Arvind/- U T