Nagina Prasad @ Nagina Prasad Chaursiya v. The State Of Bihar Through The Principal Secretary, Home Department, Govt. Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1200 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- WESTCHAMPARAN(BETTIAH) =========================================================== Nagina Prasad @ Nagina Prasad Chaursiya son of Bishwanath Prasad Chaursiya, resident of Village- Hari Pakari, Police Station- Majhauliya, District- West Champaran.

.... .... Petitioner

Versus

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

2. The Director General of Police, Government of Bihar, Patna.

3. The Inspector General of Police, Tirhut Range, Muzaffarpur, Bihar.

4. The Deputy Inspector General of Police, Bettiah, West Champaran.

5. The District Magistrate, West Champaran at Bettiah.

6. The Superintendent of Police, West Champaran ar Bettiah.

7. The Sub Divisional Magistrate, Sadar Bettiah, West Champaran.

8. The Officer-in-Charge, Majhauliya Police Station, District- West Champaran.

9. Premnath Prasad Chaurasiya son of Indradeo Bhagat

10. Shesh Nath Prasad Chaurasiya son of Indradeo Bhagat

11. Dhram Bir Prasad Chaurasiya son of Indradeo Bhagat

12. Ajay Kumar son of Prem Nath Prasad

13. Jai Prakash Prasad son of Sahdeo Bhagat All are resident of Village Hari Pakari, Police Station- Majhauliya, District- West Champaran. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.7 For the Respondent/s : Mr. S. Pd. S.C.8 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 07-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The present writ application has been filed for a direction to institute a police case against the respondent no. 9 to 13 to protect the land of the petitioner from the hands of respondent nos. 9 to 13 and for any other relief/reliefs for which the petitioner is found to be entitled to.

Patna High Court Cr. WJC No.1200 of 2016 dt.07-02-2018 Learned counsel for the petitioner submits that in fact the petitioner had made a complaint before the SubDivisional Magistrate, Bettiah, West Champaran vide Complaint Case No. 615M/2016 against the respondent nos. 9 to 13 and the said complaint was forwarded to the concerned police station vide Annexure-3 to the present writ application, but despite receiving the said Annexuer-3, respondent i.e. Officer-in-Charge, Majhauliya Police Station has not taken any action against respondent nos. 9 to 13. It is also stated that respondent no. 10 & 11 are Nepali citizen and they are residing at Nepal and doing their business there. During the pendency of the writ application a counter affidavit has been filed.

A perusal of the counter affidavit shows that now a detail report has been submitted by the S.H.O., Majhauliya Police Station. The said report seems to have been submitted on or about 19.12.2016 itself stating therein that the land is in peaceful possession of the petitioner. There had been certain demand of share from the private respondent and respondent no. 10 has filed a case in the court of Sub-Divisional Magistrate, Bettiah, West Champaran for which a report has already been submitted for taking action under Section 144 Cr.P.C. and 107 Cr.P.C.

Patna High Court Cr. WJC No.1200 of 2016 dt.07-02-2018 the counter affidavit has not been controverted by the petitioner.

Learned counsel for the petitioner submits that in fact the petitioner does not want to proceed with the case now. In the aforesaid view of the matter, nothing remains in this case. It is, accordingly, dismissed. Rajeev/- (Rajeev Ranjan Prasad, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 08.02.2018 Transmission Date 08.02.2018