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Patna High CourtCR. WJC/2508/2018disposed

Pritam Raj And ORS v. The State Of Bihar, Through Director General Of Police, New Secretariat, Patna And ORS

2024-06-24Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2508 of 2018 Arising Out of PS. Case No.-354 Year-2018 Thana- NAGAR District- Vaishali ====================================================== 1.

Pritam Raj and Ors S/o Anil Prasad Sales Executive at HDFC Bank Ltd. Opposite Durga Mandir, P.S.- Ratu Road, Ranchi- 834110. 2.

Vikas Kumar S/o Sri. Upendra Kunwar Deputy Manager- Personal Banking HDFC Bank Ltd. Exhibition Road Branch, P.S. Gandhi Maidan, Patna800001. 3.

Gautam Kumar, S/o Shri Brahma Prasad, Relationship Manager HDFC Bank Ltd. Exhibition Road Branch, P.S. Gandhi Maidan, Patna- 800001. 4.

Rajesh Kumar Niraj @ R.K. Niraj S/o Nawal Kishore Sinha, Cluster Head, HDFC Bank Retail Agri Division, Exhibition Road Branch, P.S. Gandhi Maidan, Patna- 800001.

... ... Petitioner/s

Versus

1.

The State Of Bihar, Through Director General Of Police, New Secretariat, Patna and Ors 2.

Additional Director General of Police, Muzaffarpur, Bihar. 3.

Deputy Inspector General of Police, Muzaffarpur, Bihar. 4.

Superintendent of Police, Vaishali, Bihar.

5.

Additional Superintendent of Police, Vaishali, Bihar. 6.

Deputy Superintendent of Police, Vaishali, Bihar. 7.

Investigating Officer, Town P.S. Case No. 354 of 2018. 8.

Mr. Krishna Bhagwan Proprietor, M/s Alankar Sony Complex, Gudri Road, P.S. Hajipur- 844101 Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dayanand Singh For the Respondent/s :

Mr. Rajeev Ranjan Ms. Bela Singh Mr.Md. Nadim Seraj Gp5 For the State :

Mr. Iqbal Asif Niazi, A.C. to G.P.-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-06-2024 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Respondent No. 8.

Patna High Court CR. WJC No.2508 of 2018(3) dt.24-06-2024 2/3

2. The present application has been filed for following reliefs:

I. "For issuance of an appropriate writ in the nature of writ of certiorari for setting aside the Town P.S. Case No. 354 of 2018 as the same has been filed concealing the material facts and with malafide intention to put undue pressure upon the officials of the Bank who are taking appropriate legal steps for recovery of huge outstanding amount against the informant (lonee).

II. For issuance of appropriate writ for staying the arrest of the petitioners in Town P.S. Case No. 354 of 2018 during the pendency of instant writ application and also directing that no coercive step may be taken against the petitioners.

III. For issuance of an appropriate writ, order or direction, for not harassing the petitioners unnecessarily.

3. It has been submitted by Mr. Dayanand Singh, learned Advocate, that after investigation, the police has submitted final form exonerating the petitioners.

4. In view of the submission of final form by the police, this application is permitted to be withdrawn by the learned counsel for the petitioners.

Patna High Court CR. WJC No.2508 of 2018(3) dt.24-06-2024 3/3

5. The petitioners are given liberty to approach this Court if the Court below differs with the final form and takes cognizance.

6. This application is disposed of.

(Sandeep Kumar, J) Saif/- U