Patna High CourtCR. WJC/1251/2015dismissed

Biru Ram v. The State Of Bihar Through Secretary Department Of Home Police, Bihar, Patna And ORS

2018-07-27Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1251 of 2015 Arising Out of PS. Case No.- Year- Thana- District- Saran ====================================================== Biru Ram, Son of Bijuli Ram, resident of Village Jalalpur, P.O. Golden Ganj, P.S.- Chapra Muffasil, District- Saran.

... ... Petitioner/s

Versus

1. The State of Bihar through Secretary Department of Home (Police), Bihar, Patna .

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

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

4. The Deputy Inspector General of Police Zonal Office, Saran at Chapra.

5. The Superintendent of Police Chapra, Saran.

6. The District Magistrate, Chapra, Saran

7. The Dy, Chapra, Saran.

8. The S.H.O. Chapra Muffasil Police Station Chapra, Saran.

9. Munna Pandit Son of Harendra Pandit.

10. Keshwar Kuar Wife of Late Harendra Pandit, Both resident of village Jalalpur, P.O.- Golden Ganj, P.S.- Chapra Muffasil, District- Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Respondent/s :

Mr. Gautam Bose (Aag 8) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-07-2018 This writ application was filed in the year 2015 for issuance of a direction commanding the respondents to institute first information report against respondent nos. 9, 10 and 11 under appropriate section of the Indian Penal Code. Today, no one has appeared on behalf of the petitioner to press this writ application.

Learned counsel for the State is present.

Taking note of the settled legal provision that the Code of Criminal Procedure itself provides the provision

Patna High Court Cr. WJC No.1251 of 2015(3) dt.27-07-2018 2/2 wherein the petitioner could have invoked the jurisdiction of a regular court for a direction to institute the FIR provided he fulfills the conditions as appearing in the judgment of 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, this writ application is not fit to proceed. This writ application has no merit. It is dismissed accordingly.

(Rajeev Ranjan Prasad, J) avin/- U