Vijnanchandra Bhardwaj v. The State Of Bihar Through D.G.P., Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1506 of 2022 Arising Out of PS. Case No.-514 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Vijnanchandra Bhardwaj Son Of Late Naresh Chandra Roy, Vill.- Dahia, P.S.- Bhagwanpur, Distt.- Begusarai (Bihar) ... ... Petitioner/s

Versus

1.

The State Of Bihar Through D.G.P., Govt. Of Bihar, Patna 2.

D.G.P., Govt. Of Bihar, Patna 3.

D.I.G. Begusarai Bihar 4.

S.P., Begusarai Bihar 5.

Dy. S.P. Sadar Sub-Division, Begusarai Bihar 6.

Dy. S.P. Teghra Bihar 7.

Rajesh Kumar Ray, Officer In Charge Muffasil Police Station Bihar 8.

Officer-In-Charge, Mahila Police Station, Begusarai Bihar 9.

Officer-In-Charge, Bhaganpur Police Station Bihar 10.

Manager, Mahila Help-Line, Begusarai Bihar 11.

Dr. Of Panacea Hospital Begusarai Bihar 12.

Dr. Of Manglam Hospital, Begusarai Bihar 13.

Uma Bharti @ Gunjan Wife Of Mritunjay Bharadwaj and D/O- Hare Ram Ray R/O Vill.- Rajaura, Ward No. 11, P.S.- Muffasil, Begusarai, Distt.- Begusarai ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Madan Prasad Singh No.2, Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 08-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The present criminal writ application has been filed for quashing F.I.R. of Muffasil (Begusarai) P.S. Case No. 514 of 2022 dated 26.09.2022 and further to command the respondents

Patna High Court CR. WJC No.1506 of 2022 dt.08-05-2023 2/3 to make the investigation by C.I.D. as deeper question involved in the present case particularly when complaint was made twice before the Superintendent Police, Begusarai prior to filing the F.I.R.

Learned counsel for the petitioner fairly submits that during pendency of the Writ Petition charge-sheet has been filed but he also submits that before the concerned Magistrate petition has been filed for entertainment of those documents which has not been considered during the investigation by the I.O. He further submits that the concerned Magistrate took cognizance in this matter and issued a direction to the Police Authority in this regard.

Learned counsel for the state submits that in the case of Surendra Singh Vs. State of Bihar and others vide order dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with analogous cases, direction has been given to the concerned Magistrate that the said Magistrate as and when occasion shall arise direct the police authority to take action under Section 173(8) of the Cr.P.C.

In this background, which has been taken place during pendency of this case, this Court is granting liberty to the petitioner that the petitioner shall file a petition before the

Patna High Court CR. WJC No.1506 of 2022 dt.08-05-2023 3/3 concerned Magistrate raising all his grievances including grievances relating to take action under Section 173(8) of the Cr.P.C. within four weeks from today and the concerned Magistrate shall take action in compliance of order passed in the case of Surendra Singh Vs. State of Bihar and others on 09.09.2022 in Cr.W.J.C. No. 153 of 2017 with analogous cases. With this direction, the present criminal writ application is disposed off.

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