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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1323 of 2022 Arising Out of PS. Case No.-266 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== 1.

KUNDAN KUMAR R/o Ram Nath Sawamkar @ Ram Nath Sah R/o Village- Salauna, P.S.- Bakhari, Distt- Begusarai 2.

Champa Devi W/o Ram Nath Sawarnkar @ Ram Nath Sah R/o VillageSalauna, P.S.- Bakhari, Distt- Begusarai 3.

Ram Nath Sawarnkar @ Ram Nath Sah S/o Late Siya Ram Sah R/o VillageSalauna, P.S.- Bakhari, Distt- Begusarai ... Petitioners

Versus

1.

The State of Bihar, through the Principal Secretary, Home Department, Governmnet of Bihar, Patna 2.

The Director General of Police, Bihar, Patna 3.

The Inspector General of Police, Bhagalpur Range, Bhagalpur 4.

The Deputy Inspector General of Police, Begusarai Range, Begusarai 5.

The Superintendent of Police, Begusarai 6.

The Deputy Superintendent of Police, Bakhari, Begusarai 7.

The Station House Officer, Bakhari, Police Station, Begusarai ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr.Saket Kumar, Adv.

For the Respondents :

Mr. Md. Nasrul Hoda Khan, SC I ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and the State.

The petitioners have filed this writ petition for quashing of the first information report bearing Bakhari P.S. Case No. 266 of 2022, dated 14.08.2022, lodged under Sections 406, 420 and 34 of the Indian Penal Code.

Counsel for the petitioners submits that from the contents of the first information report it transpires that there is a dispute between the parties for the purpose of selling land

Patna High Court CR. WJC No.1323 of 2022(2) dt.05-05-2023 2/2 which is absolutely a civil dispute, according him. Counsel for the State submits that the allegations in the first information report are in two parts, the first part is selling of land and the second part is delivery of duplicate jewellery, which requires investigation.

It transpires to this Court that upon going through the first information report cognizable offence is made out, which requires investigation.

This writ petition is dismissed.

(Dr. Anshuman, J) Shamshad/- U T