Lakhan Chaudhary v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.621 of 2014 ======================================================

1. Lakhan Chaudhary Son of Late Kuwar Chaudhary Resident of VillageBalapokhar, P.O.-Deo, P.S.-Deo, District-Aurangabad (Bihar). .... .... Petitioner/s

Versus

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

2. The Director General of Police, Govt. of Bihar.

3. The Superintendent of Police, District-Aurangabad.

4. The Sub Divisional Police Officer, Aurangabad.

5. The Officer in-charge, Deo Police Station, Deo, District-Aurangabad (Bihar).

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Respondent/s : Mr. Madhukar Mishra, A.C. to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-02-2015 In the present application filed under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner is to command the respondents to take action against the accused persons of Deo P.S.Case No.8 dated 8th February, 2014 registered for the offences punishable under sections 328 and 302 of the Indian Penal Code.

Learned counsel for the State has pointed out that the police have already submitted final report in the case holding the allegations made in the F.I.R. to be "mistake of fact". Learned counsel for the petitioner does not dispute this fact.

Patna High Court Cr. WJC No.621 of 2014 (2) dt.12-02-2015 2/2 In that view of the matter, the application has become infructuous. Accordingly, the writ petition is dismissed as infructuous.

(Ashwani Kumar Singh, J) Pradeep/- U T