Satish Kumar v. The State Of Bihar Through The Principal Secretary, Home Department, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1242 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur ====================================================== SATISH KUMAR Son of Pashupati Prasad Singh Resident of VillageRasulpur, P.S.- Ahiyapur, District- Muzaffarpur, at present Mohalla- Saraswati Nagar, Bhagwanpur, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Bihar, Patna.

2.

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

The Inspector General of Police, Tirhut Range, Muzaffarpur. Muzaffarpur. 4.

The Senior Superintendent of Police, Muzaffarpur. 5.

The Station House Office, Ahiyapur, Muzaffarpur. . 6.

Pramod Sahni Son of Late Lal Govind Sahni Resident of Village- Rasulpur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Kalyan Shankar, Adv.

Mr. Manoj Kumar, Adv.

For the Respondent/s :

Mr. M. Nasrul Huda Khan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-02-2022 Heard learned counsel for the parties.

The petitioner has filed the instant application for directing the respondents to lodge an F.I.R. against the respondent no.6 and his associates based on the application dated 5.4.2021 and 28.9.2021 submitted by the petitioner before the respondent no.5.

At the outset it is submitted by learned counsel for the respondents-State that an F.I.R. being Ahiyapur P.S. case no.888 of 2021 has been registered on 18.12.2021 under sections 341,

Patna High Court CR. WJC No.1242 of 2021(10) dt.21-02-2022 2/3 323, 506 and 34 of the Indian Penal Code.

In response, it is submitted by learned Senior counsel for the petitioner that for an occurrence which took place on 4.4.2021 a petition was filed by the petitioner on 5.4.2021 addressed to the respondent no.5 and on the F.I.R. not being registered, a copy of the same was sent to the respondent no.4 also. Thereafter another petition was filed on 28.9.2021. The said petition mentioned about the occurrence which had taken place on 4.4.2021 and yet another occurrence which had taken place on 26.9.2021. Referring to the copy of the F.I.R. which has been brought on record in the rejoinder filed on behalf of the petitioner, it is submitted by learned counsel for the petitioner that the same has been registered only on the basis of petition dated 28.9.2021.

Having heard learned counsel for the parties and taking into consideration the materials on record, in view of the F.I.R. having been registered as submitted by learned counsel for the State and a copy of which is on record in the rejoinder filed on behalf of the petitioner, the Court is not inclined to pass any further order in the instant application. However, it goes without saying that the Investigating Officer of the case in investigating the case and taking the same to its logical

Patna High Court CR. WJC No.1242 of 2021(10) dt.21-02-2022 3/3 conclusion shall take note of the petition dated 5.4.2021, a copy of which has been brought on record as Annexure-1 to this petition.

The application stands disposed of.

(Partha Sarthy, J) Bibhash/- U