Arunima Devi v. The State Of Bihar Through The Principal Secretary, Home Department, Gov. Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1371 of 2023 Arising Out of PS. Case No.-738 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== 1.
Arunima Devi Wife Of Chandan Kumar Resident Of Village - Matakhudi Lane, (Mahendru), P.S. - Sultanganj, Distt. - Patna 2.
Chandan Kumar Son Of Late Kamal Prasad @ Kamla Prasad Resident Of Matakhudi Lane, (Mahendru), P.S. - Sultanganj, Distt. - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Home Department, Gov. of Bihar, Patna Bihar 2.
The Director, General of Police, Bihar, Patna Bihar 3.
The Senior Superintendent of Police, Patna Bihar 4.
The Superintendent of Police, Patna town, Patna Bihar 5.
The Deputy Superintendent of Police, Patna Bihar 6.
The Sub-Divisional Magistrate, Patna Bihar 7.
Ram Shankar Singh, Police Inspector-cum-The Officer-in-Charge (S.H.O.), Shastrinagar, P.s., Patna Bihar 8.
Nagmani Kumar, Investigating Officer (Shastrinagar P.S. case no. 738/2022), S.I. of Shastrinagar Shastrinagar Police Station, Distt. - patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Sharan Singh For the Respondent/s :
Mr.Md. Nadim Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2025 Heard the learned counsel for the petitioners and the learned counsel for the State.
2. This writ petition has been filed for the following reliefs:
(I). For direction, order to the respondents Specially Respondent No.4 to 8 who have done unfair investigation in the matter violating the procedure of 169 Cr.P.C. and produced this innocent petitioner No.2 in
Patna High Court CR. WJC No.1371 of 2023(2) dt.04-08-2025 2/3 the other case on the confessional statement of co-accused Md. Sakir Ansari @ Chand confessed involvement in 19 cases and on that score the life and business of gold and silver as proprietor of "Om Sri Trimurti Jwellers" are being received without any involvement of such type of alleged purchasing of theft good since petitioner No.2 is an innocent proprietor of Om Sri Trimurti Jwellers;
(ii). For protection of petitioners from the habitual offenders as well as the local police officers who has himself found after perusal of record about criminal cases/criminal antecedent against petitioner and recorded in Paragraph No.96 of C.D. stated dated 06/12/2022 of the relevant case No.738/ 2022 that there its no criminal case except this case against the Chandan Kumar 5/o late Kamla Prasad;
(iii). For Direction/Order to the respondent concerned for allowance of running the shop "Om Sri Trimurti Jwellers" of petitioner No.2 the alleged accused husband of petitioner No.1 as consequential relief of relief No.(i) and (ii).
3. The contention of the learned counsel for the petitioners is that the petitioners are being falsely implicated by the police in a number of cases of loot etc., as they are dealing with gold and have a jewellery shop. The petitioner has been charge-sheeted in connection with Shashtrinagar P.S. Case No. 738 of 2022.
4. This Court in the facts of the case and in the
Patna High Court CR. WJC No.1371 of 2023(2) dt.04-08-2025 3/3 disputed questions involved in this case will not interfere in the FIR. So far as the grievance of the petitioners is concerned that they are being falsely implicated, the petitioners are given liberty to approach the Senior Superintendent of Police, Patna along with a representation for redressal of their grievances.
5. If any such representation is filed by the petitioners, the Senior Superintendent of Police, Patna will consider the same and deal with it in accordance with law.
6. With the aforesaid observation and direction, this application is disposed of.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
(Sandeep Kumar, J) Shishir/- U T