Kameshwar Singh v. The State Of Bihar Through The Chief Secretary, Home Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1599 of 2025 Arising Out of PS. Case No.-55 Year-2009 Thana- ROHTAS District- Rohtas ====================================================== Kameshwar Singh S/o late Bipin Singh @ Biphan Singh R/o 24-118/1, Arundathi Nagar, P.O- NISA, Hakimpet, District- Rangareddy, Telangana at present Village - Telkap, P.O- Amjhor, P.S and District - Rohtas. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Home Department, Government of Bihar, Patna Bihar 2.

The Director General of Police, State of Bihar, Patna Bihar 3.

The Superintendent of Police, District- Rohtas. Bihar 4.

The Officer in Charge, Rohtas Police Station, District-Rohtas. Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Dineshwar Pandey, Advocate For the Respondents :

Mr. Prashant Pratap, G.P.-02 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2.

By way of this petition, the petitioner has prayed for the following reliefs:- "i. For issuance of an appropriate writ/order/direction commanding the respondents for not taking any step against the person or the property of the petitioner in compliance of the order dated 25.07.2023 and order dated 18.02.2025 passed by the Judicial Magistrate, 1a Class, Dehri-on-Sone, District- Rohtas passed in G.R. Case No.

Patna High Court CR. WJC No.1599 of 2025(2) dt.15-07-2025 2/2 1185/2009, arising out of Rohtas P.S.

Case No. 55/2009.

ii. For issuance of appropriate writ /order/direction, staying the further proceeding in G.R. Case No. 1185/2009, arising out of Rohtas P.S. Case No.

55/2009, pending before the Judicial Magistrate, 1st Class, Dehri-on-Sone, District- Rohtas, unless it is decided in the Title Suit so as to who is the real Kameshwar Singh."

3.

Learned counsel for the State submits that the dispute is as to who is the real Kameshwar Singh and because of the same, two brothers are litigating against one another and Title Suit No.24 of 2010 is pending. 4.

In the present proceeding, this Court cannot decide the disputed question of fact as to who is the real Kameshwar Singh. This dispute can only be decided in the pending Title Suit.

5.

In view of the above, this criminal writ petition is dismissed.

(Sandeep Kumar, J) pawan/- U T