Patna High CourtCR. WJC/961/2016withdrawn

Md. Rafique v. The State Of Bihar, Through Principal Secretary, Home Department, Bihar, Patna And ORS

2016-09-29The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.961 of 2016 ======================================================

1. Md. Rafique Son of late Md. Hamid Resident of MohallaKashmiribagh, Fauzdari Kaun, P.S Khajekalan Patna City, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through Principal Secretary, Home Department, Bihar, Patna

2. The Senior Superintendent of Police(SSP), Patna.

3. The Superintendent of Police, (S.P.). Patna City, Patna.

4. The Dy. Superintendent of Police, Patna City, Patna.

5. The S.H.O. Khajekalan Police Station, Patna.

6. Roshani Khatoon W/o Syed Md. Shamim Resident of MohallaKashmiribagh, Fauzdari Kaun, P.S Khajekalan Patna City, District Patna.

7. Syed Md. Shamim Son of Wajid Hussain , Husband of Roshni Khatoon & Son-in-law of Md. Shamsuddin Resident of Mohalla- Kashmiribagh, Fauzdari Kaun, P.S Khajekalan Patna City, District Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar No. 1, Adv. For the Respondent/s : Md. Nadim Seraj(GP-5) Mr. Iqbal Asif Niazi, AC to GP-5.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 29-09-2016 Heard Mr. Dilip Kumar No.1, learned Counsel, appearing on behalf of the petitioner, and Md. Nadim Seraj, learned Government Pleader No.5, appearing on behalf of the State-respondents.

Having regard to the fact that though the petitioner has made allegations against the police officials of acting in collusion with the accused, the petition is completely vague and does not, therefore, warrant invocation of extraordinary

Patna High Court Cr. WJC No.961 of 2016 (2) dt.29-09-2016 2/2 jurisdiction of the High Court, under Article 226 of the Constitution of India.

While, accordingly, allowing the writ petition, as sought for, to be withdrawn, we give the petitioner liberty to lodge, if so advised, a First Information Report with jurisdictional police station or file a complaint in the criminal court of competent jurisdiction.

If a First Information Report is lodged or the complaint is filed, the same shall be dealt with expeditiously and in accordance with law.

With the above observation, this writ petition stands disposed of as withdrawn.

(I.A. Ansari, CJ) K.C.jha/- U T