Birendra Yadav v. The State Of Bihar , Through The Principal Secretary, Home Dept. Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.18 of 2023 Arising Out of PS. Case No.-47 Year-2021 Thana- BHEJA District- Madhubani ====================================================== Birendra Yadav Son of Sri Rameshwar Yadav R/V- Koriyadhant, P.S- Bheja, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Home Dept. Govt. of Bihar, Patna Bihar 2.

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

The Inspector General of Police, Darbhanga Division, Darbhanga Bihar 4.

The Deputy Inspector General of Police, Darbhanga Range, Darbhanga Bihar 5.

The Superintendent of Police, Madhubani Bihar 6.

The Deputy Superintendent of Police, Madhubani Bihar 7.

The Station House Officer, Police station Bheja, Dist- Madhubani Bihar 8.

The Investigating Officer at Bheja P.S Case No. 47/21 (Present and the then) at Bheja P.S Madhubani Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Jubair Ansari, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-05-2024 Heard the parties.

2. The prayer of the learned senior counsel for the petitioner is for execution of the process issued by the Court. Subsequently, the police has found the case to be false in the further investigation and submitted final form.

3. In these circumstances, the process issued by the Court is not to be executed.

4. Accordingly, this application stands dismissed.

Patna High Court CR. WJC No.18 of 2023(3) dt.07-05-2024 2/2

5. At this juncture, learned senior counsel for the petitioner submits that the respondents may be directed for further investigation/re-investigation. The petitioner will approach the Magistrate in view of the law laid down by the Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State of UP & Ors. reported in 2008(2) SCC 409, for such a prayer. (Sandeep Kumar, J) P. Kumar U T