Shatrudhan Mishra v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.567 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Shatrudhan Mishra Son of Late Ambika Mishra resident of Narayanpur, Ward No. 8, P.S. Ram Nagar, Distt.- West Champaran. ... ... Petitioner

Versus

1.

The State of Bihar Through The Principal Secretary, Department of Home, Govt. of Bihar, Patna 2.

The District Magistrate, West Champaran.

3.

The Superintendent of Police, Bagha, West Champaran. 4.

The Officer In Charge Ram Nagar Police Station, Ram Nagar, Bagha, West Champaran.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Gautam Kumar Kejriwal, Advocate For the Respondents :

Mr. Manish Kumar GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-11-2025 The present writ petition has been preferred by the Petitioner in view of the fact that on account of disclosure of cognizable offence in the written report (annexure-3) given to the police officer incharge, police station, Ram Nagar, West Champaran police has not taken any step to register the offence and investigate the matter. Hence, he has filed the present writ petition for direction to the concerned Superintendent of Police and Officer in charge to take needful steps.

2. Heard learned counsel for the Petitioner and learned A.C. to G.P-4 for the State and considered the submissions and perused the material on record.

Patna High Court CR. WJC No.567 of 2018(2) dt.11-11-2025 2/2

3. I find that the Petitioner has given written report, which is annexed herewith as annexure-3, to the Officer incharge, police station, Ram Nagar, West Champaran, disclosing cognizable offence. However, the Officer in charge has not taken any step to lodge FIR. However, the Petitioner, thereafter has not sent a copy of the written report to the Superintendent of Police, nor has he filed any Complaint before the concerned Judicial Magistrate.

4. Hence, the present petition is not maintainable, in view of the availability of the efficacious remedy to the Petitioner. He has liberty to send a copy of the written report to the Superintendent of Police and if the Superintendent of Police fails to ensure lodging of FIR, the Petitioner is at liberty to approach Judicial Magistrate by way of appropriate Complaint.

5. Hence, the present petition is disposed of with liberty to the Petitioner as indicated above. (Jitendra Kumar, J.) Chandan/- U T