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Patna High CourtCR. WJC/36/2022dismissed

Manoj Kumar v. The State Of Bihar Through The Director General Of Police, Bihar.

2023-05-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.36 of 2022 Arising Out of PS. Case No.-559 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== MANOJ KUMAR Son of Shri Devnandan Sharma R/o House No.- 15, Shakti Path West Patel Nagar, P.S.- Shastri Nagar, District - Patna ... Petitioner

Versus

1.

The State of Bihar through the Director General of Police, Bihar 2.

The Senior Superintendent of Police, Patna 3.

The Superintendent of Police (City), Patna 4.

The Deputy Superintendent of Police, Sadar, Patna 5.

The Station House Officer, Shastri Nagar Police Station, Patna 6.

Vinod Kumar Son of Shri Devnandan Sharma R/o House No.- 15, Shakti Path, West Patel Nagar, P.S.- Shastri Nagar, District - Patna ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Patanjali Rishi, Adv.

For the Respondents :

Mr.Saroj Kumar Sharma, AC to AAG III ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-05-2023 Counsel for the petitioner is directed to remove the defect(s) within two weeks.

Heard learned counsel for the petitioner and the State. The present writ petition has been filed seeking direction to respondents 1 to 5 to take remedial action against respondent no. 6 to ensure peaceful occupation of the petitioner's occupation of the first floor situated at House No. 15, near Ambika Apartments, Patel Nagar, P.S. Shastri Nagar, Patna.

Counsel for the State submits that counter affidavit has been filed and submits that charge sheet have already been filed in Shastri Nagar P.S. Case No. 559 of 2020 and Shastri

Patna High Court CR. WJC No.36 of 2022(3) dt.08-05-2023 2/2 Nagar P.S. Case No. 560 of 2020. Counsel further submits that the petitioner and private respondent are full brothers and they have filed criminal cases against each other. In both the cases charge sheet have been filed.

In this view of the matter, this Court is not interested to continue with this writ petition further, but, liberty is hereby granted to the petitioner that he is free to take legal recourse under law, if so advised.

With this direction, this writ petition is dismissed. (Dr. Anshuman, J) Shamshad/- U T