Kaushal Kumar Singh v. The State Of Bihar Through The District Magistrate, Chapra, Saran And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) Criminal Writ Jurisdiction Case No.113 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Kaushal Kumar Singh S/o late Shatrughan Singh, resident of village and P.O.- Dumari, P.S.-Manjhi, District-Saran, Chapra-841313. ... ... Petitioner

Versus

1.

The State Of Bihar Through The District Magistrate, Chapra, Saran 2.

The District Magistrate, Saran, Chapra.

3.

The Superintendent of Police, Saran, Chapra.

4.

The Sub Divisional Magistrate, Saran, Chapra. 5.

The Station House Officer, Manjhi Police Station, Saran, Chapra. 6.

Prithvi Raj Singh, 7.

Shivaji Singh, Both sons of late Birendra Singh, Both residents of village and P.O.-Dumari, P.S.-Manjhi, District-Saran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr. Anil Kumar, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-09-2022 No one appears for the petitioner.

Mr. Anil Kumar, learned AC to SC 8 for the State is present.

By filing this writ application, the petitioner is seeking writ in the nature of Mandamus commanding respondent no. 3 i.e. Superintendent of Police, Saran as well as respondent no. 5 who is the S.H.O., Manjhi Police Station to institute a criminal case against respondent nos. 6 and 7.

On reading of the pleadings made in the writ application, this Court finds no averments that the petitioner has ever applied for lodging of the F.I.R. in accordance with law and by following the

Patna High Court CR. WJC No.113 of 2017(3) dt.02-09-2022 2/2 established procedure of law as has been settled by the Hon'ble Supreme Court in the case of Priyanka Srivastava & Anr. vs. The State of Uttar Pradesh and Ors. reported in (2015) 6 SCC 287. In the aforesaid circumstances, this writ application cannot proceed. It is dismissed accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.