Raghuwar Sharan v. The State Of Bihar Through Chief Secretary, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.404 of 2015 ====================================================== Raghuwar Sharan S/o - Late Ramayan Sharan resident of Mohalla - Pokhara Chowk, P.O. - Narkatiyaganj, P.S. - Shikarpur, District - West Champaran. .... .... Petitioner

Versus

1. The State of Bihar through Chief Secretary, Bihar, Patna.

2. The District Magistrate, West Champaran.

3. The Additional Collector, West Champaran.

4. The Circle Officer, Narkatiyaganj, West Champaran.

5. The Superintendent of Police, Bettiah, West Champaran.

6. The Deputy Superintendent of Police, Head Quarter Bettiah, West Champaran.

7. The Sub-Divisional Police Officer, Narkatiyaganj, West Champaran.

8. The Inspector of Police, Shikarpur Police Station, West Champaran.

9. The S.H.O. Shikarpur, P.S. Narkatiyaganj, West Champaran.

10. Sri Himanshu Kumar Singh, the then SHO, Shikarpur Police Station, West Champaran.

11. Sri Awanish Kumar Singh, the then Circle Officer, Narkatiyaganj, West Champaran.

12. Sri Awadh Kishore Thakur, the then Circle Officer, Narkatiyaganj, West Champaran.

13. Dr. Chandrashekhar Tiwary, the then Cricle Inspector, Narkatiyaganj, West Champaran.

14. Sri Rajkishore Singh the Anchal Nazir, Narkatiyaganj, West Champaran.

15. Sri Amir Chandra Chaudhary, the then Revenue Head Clerk, Anchal Narkatiyaganj, West Champaran.

16. Sri Uttim Devnath, the then Revenue Clerk, Anchal Narkatiyaganj, West Champaran.

17. Sri Shiv Shankar Prasad, Halka Karmchari, Halka No. 4, Circle Narkatiyaganj, West Champaran.

.... .... Respondents ======================================================

Patna High Court Cr. WJC No.404 of 2015 (2) dt.29-01-2016 2/3 Appearance :

For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate For the Respondent/s : Mr. R.R.K.Pandey, SC-29 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-01-2016 The prayer of the petitioner as narrated in para-1 of the present application preferred under Articles 226 and 227 of the Constitution of India is as under:- "(i) Directing the respondents especially respondent no. 2 to 4 to get a criminal case registered against Respondents no. 10 to 17 by lodging FIR or filing complaint against them for the omission and commission in connection with Zamabandi No. 47 and also mutation case No.10/89-90 (Umesh Prasad s/o Jang Bahadur Prasad) which have been interpolated/fabricated and forged by changing the name of original Landlord from Deep Sah to Dhoop Sah and entering a new mutation case No. 10(a)/89-90 (Gudri Sah s/o Dhoop Sah) and there are ample evidence for constituting offences under Sections 420, 467, 468, 471 A, 471 B of IPC.

ii.

Directing the respondents especially respondents 5 to 9 to register FIR against the Respondents No. 10 to 17 for the aforesaid omission and commission by the respondents no. 10 to 17 and investigate the case so that the culprits are put to justice and also to give protection to the petitioner and his property as the petitioner is being threatened by the said

Patna High Court Cr. WJC No.404 of 2015 (2) dt.29-01-2016 3/3 respondents with the help of local anti-social elements so that the petitioner's right as enshrined under Article 21 of the Constitution of India may be safeguarded.

iii.

Consequentially directing the respondent no. 2 to 4 to get the records of the Anchal along with other concerned records corrected with respect to and in connection with Zamabandi No. 47 and also mutation case No.10/89-90 (Umesh Prasad s/o Jang Bahadur Prasad) which have been interpolated/fabricated and forged by changing the name of original Landlord from Deep Sah to Dhoop Sah and entering a new mutation case No. 10(a)/89-90(Gudri Sah s/o Dhoop Sah) just below of said Mutation Case No. 10/89-90."

After some arguments, learned counsel for the petitioner seeks leave to withdraw the application in order to seek other remedy available in law.

Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J.) Kanchan/- U T