Deepak Sharma v. Vijay Kumar Sharma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.70 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Samastipur ====================================================== Deepak Sharma, Son of Raja Ram Sharma, Resident of Village - Jadhua, Hajipur, P.S.- Hajipur Town, District - Vaishali- 844101 (Bihar). ... ... Petitioner

Versus

1.

Vijay Kumar Sharma, Son of name not known Resident of Village and PostSamastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101, Bihar. 2.

Sushila Sharma, wife of Vijay Kumar Sharma, Resident of Village and PostSamastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101, Bihar. 3.

Virendra Sharma @ Bittu, son of Vijay Kumar Sharma and his wife Rekha Sharma, Resident of Village and Post- Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101, Bihar.

4.

Dheeraj Sharma @ Sonu, son of Vijay Kumar Sharma, and his wife Priya Sharma, Resident of Village and Post- Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101, Bihar.

5.

Kishan Kumar Sharma, son of Vijay Kumar Sharma, Resident of Village and Post- Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101, Bihar. 6.

Abhishek Sharma, son of Vijay Kumar Sharma, Resident of Village and Post- Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101, Bihar. 7.

The S.H.O. P.S. - Mathurapur, Block- Kalyanpur, District - Samastipur848101, Bihar. 8.

The Superintendent of Police, Samastipur- 848101, Bihar. 9.

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

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

For the Petitioner/s :

Mr.Pravashankar Mishra, Advocate For the Respondent/s :

Mr.Prabhu Narayan Sharma, AC to A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 07-02-2022 After some arguments, Mr. Pravashankar Mishra,

Patna High Court CR. WJC No.70 of 2022(2) dt.07-02-2022 2/2 learned counsel for the petitioner seeks leave to withdraw the present application with liberty to seek his remedies before the District Magistrate in terms of Sections 97 and 98 of the Code of Criminal Procedure.

Without expressing any opinion, we grant leave to the petitioner to seek his remedies before the District Magistrate in terms of Sections 97 and 98 of the Code of Criminal Procedure for redressal of his grievance.

In case, such an application is filed by the petitioner or on behalf of the petitioner, the learned District Magistrate would form his opinion on the basis of materials on record. The application is disposed of with liberty aforesaid. (Ashwani Kumar Singh, J.) (Rajeev Ranjan Prasad, J.) Rajeev/SanjeetU