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Patna High CourtCR. WJC/625/2016disposed

Kausalya Devi v. The State Of Bihar Through The Home Secretary, Government Of Bihar, Old Secretariat, Patna And ORS

2016-08-01The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.625 of 2016 ======================================================

1. Kausalya Devi Wife of Chunnilal Chaudhary Resident of Village - Madhopur, P.O. - Madhopur, P.S. - Barhara, Block - Barhara, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Home Secretary, Government of Bihar, Old Secretariat, Patna .

2. The Director General of Police, Government of Bihar, Patna.

3. The Superintendent of Police, Siwan.

4. The Dy. Superintendent of Police, Siwan.

5. The Officer In charge, Barhara Police Station, District - Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagjit Roshan, Adv. For the Respondent/s : Mr. Dhurjati Kr Prasad, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-08-2016 By means of this writ petition made, under Articles 226 and 227 of the Constitution of India, the petitioner came to this Court with the accusation that though she had informed Barharia police station that when she had objected to the sale of liquor by the accused persons, she was assaulted, no First Information Report was registered.

By filing a counter affidavit, it has, now, been submitted by respondent No.3, namely, Superintendent of Police, Siwan, that on the basis of the information, which was furnished by the petitioner, a case has already been registered as Barharia P.S. Case No.142 of 2016 against Chinta Manjhi

Patna High Court Cr. WJC No.625 of 2016 (3) dt.01-08-2016 2/2 and Dudhnath Manjhi and the case is under investigation and that on the basis of another information, which had been given to respondent No.5, namely, Officer-in-Charge, Barharia Police Station, Siwan, a First Information Report, being Non-F.I.R. Case No.94A of 2016, under Section 107 of the Code of Criminal Procedure, was registered and a report has already been submitted in the Court of the Sub-divisional Magistrate, Siwan, for initiating a proceeding under Section 107 of the Code of Criminal Procedure.

In view of the above, no further action is called for in the present case and this case is, therefore, closed with liberty to the petitioner to approach this Court with appropriate application, in future, if the situation so warrants and/or take recourse to such provisions of law as may be permissible. (I.A. Ansari, CJ) K.C.jha/- U T