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Patna High CourtCR. WJC/1147/2022disposed

Satendra Kumar v. The State Of Bihar ,Through The Principal Secretary, Dept. Of Home, Bihar, Patna

2023-05-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1147 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== SATENDRA KUMAR SON OF SRI JAWAHAR LAL SHAHNI RESIDENT OF VILLAGE- CHAURGHATTA, P.S.- BARURAJ, DISTRICTMUZZAFFARPUR ... Petitioner

Versus

1.

THE STATE OF BIHAR ,THROUGH THE PRINCIPAL SECRETARY, DEPT. OF HOME, BIHAR, PATNA 2.

THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 3.

THE SUPERINTENDENT OF POLICE, MUZAFFARPUR 4.

THE SUB DIVISIONAL POLICE OFFICER, MUZZAFFARPUR WEST, DISTRICT- MUZZAFFARPUR 5.

THE S.H.O., P.S.- BARURAJ, DISTRICT- MUZZAFFARPUR ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Yogesh Chandra Verma, Sr. Adv. with Mrs.Priyanka Singh, Adv.

For the Respondents :

Mr. Md. Nasrul Hoda Khan, SC I ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-05-2023 Counsel for the petitioner is directed to remove the defect(s) within two weeks.

Heard Mr. Yogesh Chandra Verma, learned Senior Counsel, assisted by Mrs. Prinyanka Singh, counsel for the petitioner and the State.

Learned Senior Counsel submits that in this case he is not pressing relief made in paragraph 1(A) of the petition. So far as relief made in paragraph 1(B)(I) and (II), i.e., to verify the malafide and misuse of power by the Station House Officer, Baruraj Police Station, Muzaffarpur, as well as fair and partial investigation are concerned, liberty is hereby

Patna High Court CR. WJC No.1147 of 2022(2) dt.04-05-2023 2/2 granted to the petitioner that he shall file representation before the Superintendent of Police, Muzaffarpur (respondent no. 3), in the light of the order passed by the coordinate Bench in Cr.W.J.C. No. 153 of 2017 (Surendra Singh Vrs. State of Bihar & Ors.) and analogous cases decided on 09.09.2022 within four weeks from today and the Superintendent of Police is directed to do the needful in accordance with the directions given in the above mentioned case.

Counsel for the State has no objection.

With this observation, this criminal writ petition is disposed off.

(Dr. Anshuman, J) Shamshad/- U T