Shailendra Kumar Pandit v. The State Of Bihar Through The Principal Secretary, Home Deptt. Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.32 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== Shailendra Kumar Pandit, Son of Garib pandit Resident of Village - Ali Nagar Chainpur, P.O.- Kala Dumara, P.S.- G.B. Nagar, District - Siwan, At present Incharge Headmaster, New Primary School, Jahali Tola Hariharpur Lalagarh, Anchal Barharia, District - Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Home Deptt. Govt. Of Bihar, Patna Bihar.

2.

The Director General of Police, Govt. of Bihar, Patna. Bihar, Patna. 3.

The Regional Deputy Director, Education, Saran Sivision, Chapra. Chapra. 4.

The Superintendent of Police, Siwan Siwan 5.

The Deputy Superintendent of Police, Siwan Siwan. 6.

The District Education Officer, Siwan Siwan.

7.

Sri Chandra Shekhar Rai, Ex- District Education Officer, Siwan at present Regional Deputy Director of Education, Purnea, Bihar. 8.

The District Programme Officer (Establishment), Siwan. Siwan. 9.

Mr. Asger Ali, Ex-District Programme Officer, Siwan at presnet Deputy Director (MDM), Deptt., of Education, Bihar, Patna. 10.

Mr. Rajendra Singh, District Programme Officer (Establishment), Siwan. Siwan.

11.

Mr. Bipin Kumar Rai, Additional Collector- Cum- District Public Grievance Redressal Officer, Siwan. Siwan.

12.

The Block Education Officer, Barharia, District- Siwan. Siwan. 13.

Mr. Surya Prakash, Ex-Block Education Officer, Barharia, Siwan. Siwan. 14.

The Officer Incharge, G.B. Nagar Police Station Tarwara, Siwan. Siwan. 15.

Sri Jagarnath Ram, Panchayat Secretary, Gram Panchayat Raj, Hariharpur Lalgarh, Anchal Barharia, District- Siwan.

16.

The Mukhiya, Gram Panchayat Raj, Hariharpur Lalgarh, Anchal Barharia, District- Siwan. Siwan.

17.

The Incharge Headmaster, New Primary School Jalali Tola Hariharpur Lalgarh, Anchal Barharia, District- Siwan.

18.

Rajiv Kumar Son of Late Sunderdeo Singh Resident of Village- Patarhatta, P.S.- G.B. Nagar, District- Siwan, forged Assistant Teacher, New Primary School Jalali Tola Hariharpur Lalgarh, Anchal Barharia, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Prasad, Advocate

Patna High Court CR. WJC No.32 of 2022(5) dt.19-02-2025 2/3 For the Respondent/s :

Mr. Suman Kumar Jha, AC to AAG-3 For the Respondent No. 14:

Mr. Shiv Pratap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 19-02-2025 The instant writ petition was filed in the year 2021 with a prayer for issuance of a writ in the nature of mandamus directing the police authorities attached to G. B. Nagar Police Station in the district of Siwan to register an F.I.R. against the private-respondent no. 18 on the basis of the application filed by the petitioner on 3rd of August, 2018.

At the outset, this Court finds that for registration of F.I.R. upon the complaint filed on 3rd of August, 2018, the petitioner has approached this Court after a lapse of about three years and the instant writ petition, therefore, suffers from inordinate delay and laches. Secondly, it is ascertained from the counter affidavit that the petitioner initially filed the complaint in the Grievance Redressal Cell of the Superintendent of Police and the Superintendent of Police sent the said application to the concerned Police Station. As the application was not traced out, the petitioner was requested to file similar application in the year 2023 and on the basis of the said application upon the identical facts, F.I.R. has been registered being G.B. Nagar P. S. Case No. 33 of 2023, dated 26th of August, 2023. The said case is under investigation at present.

Patna High Court CR. WJC No.32 of 2022(5) dt.19-02-2025 3/3 Considering such subsequent development, this Court is of the view that the instant writ petition become infructuous and accordingly the same is dismissed on contest. (Bibek Chaudhuri, J) skm/- U