Bipul Kumar And ORS v. The State Of Bihar Through Principal Secretary, Department Of Home, Government Of Bihar, Patna And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2776 of 2017 Arising Out of PS. Case No.-387 Year-2014 Thana- AGAMKUAN District- Patna ====================================================== 1.

Bipul Kumar Son of Binod Kumar 2.

Vikash Kumar, Son of Binod Kumar 3.

Khushboo Kumar, D/o Binod Kumar 4.

Bhagwati Devi, Wife of Binod Kumar. All resident of Harishchandra Nagar, P.S. Beur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through Principal Secretary, Department Of Home, Government Of Bihar, Patna.

2.

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Officer-In- Charge of Agam Kuan P.S., District- Patna. 5.

The Bihar State Housing Board, Patna through its Secretary. 6.

The Additional District Magistrate, Law and Order, Patna. 7.

The Executive Engineer, Bihar State Housing Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman For the Respondent/s :

Mr. P. K. Verma Aag 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-06-2023 Heard learned counsel for the parties.

This application is filed for quashing the F.I.R. of Agam Kuan P.S. Case No. 387/2014 registered for the offence under sections 147/148/149/341/323/337/307/353/354/504 and 447 of the Indian Penal Code by which a false case has been filed against the petitioners and further commanding the respondents to hand over all the articles to the petitioners as the respondent no. 4 forcibly took out the entire house articles and

Patna High Court CR. WJC No.2776 of 2017(2) dt.19-06-2023 2/2 hand over the same to the respondent no. 6 through respondent no. 7 and further directing the respondents to compensate the petitioners for the loss which the petitioners sustained due to wrong, illegal and arbitrary action of the respondents particularly respondents no. 4 to 7.

The petitioners are the encroachers against whom the local police (Agam Kuan P.S. Case No. 387/2014) has registered F.I.R. The case is proceeding for trial. When the case has proceeded, there is no question for quashing the F.I.R. Accordingly, this application is dismissed with liberty to the petitioners to raise all the grounds at an appropriate stage in the ongoing case. The petitioner has liberty to file appropriate application in the court below.

(Sandeep Kumar, J) Ranjeet/- U T