Upendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1483 of 2023 Arising Out of PS. Case No.-425 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== UPENDRA CHAUHAN son of Ram Bachchan Singh Managing Director Shiv Balak Creations Rajeev Nagar, Patna Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Senior Superintendent of Police, Bihar, Patna Bihar 3.

The Officer in Charge, Rajeev Nagar Thana Rajeev Nagar Patna Bihar 4.

Ranjay Kumar Singh son of Late Shyam Vijay Singh R/o- Rajeev Nagar road No- 8D Ps-Rajeev Nagar Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjum Perveen For the Respondent/s :

Mr.M. Nasrul Huda Khan, S.C.-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The following prayer has been made by the petitioner:

I. For issuance of a mandamus and directions to the respondents to initiate a fair and impartial proceeding against the respondent No. 4.

II. To direct the authorities to take action under Sections 406 and 420 of the Indian Penal Code against Respondent No. 4.

3. The counter affidavit of the State has come. Paragraph No. 5 of the counter affidavit reads as follows:-

Patna High Court CR. WJC No.1483 of 2023(3) dt.02-05-2024 2/2 "After investigation the police has found the case to be of "civil dispute" and accordingly final form No. 475 of 2023 dated 30.06.2023 has been submitted by the police as it being a matter of civil dispute.

4. This application is disposed of with liberty to the petitioner to file a protest petition and take action in accordance with law.

5. If such a petition is filed, the magistrate shall pass order in accordance with law.

(Sandeep Kumar, J) Saif/- U T