Sanajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1508 of 2022 Arising Out of PS. Case No.-344 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Sanajay Kumar. PACS Chairman GAURA, S/o Gagan Dev Sah @ Gangdev Sah, R/o Village- Gaura, P.S- Nanpur, District- Sitamarhi. 2.

Laxman Mahto Executive Member of PACS GAURA, S/o Chathru Mahto, R/o Vill and Post- Gaura, P.S- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Inspector General of Police, Tirhut Division, Muzaffarpur. 5.

The Deputy Inspector General of Police, Tirhut Division, Mizaffarpur. 6.

The Superintendent of Police, Sitamarhi.

7.

The Station House Officer Nanpur Police Station, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Respondent/s :

Mr.M. Nasrul Huda Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has filed the present Cr. Writ Petition for quashing of F.I.R. as well as entire proceeding against the petitioners in connection with Nanpur P.S. Case No. 344 of 2022 dated 01.08.2022 lodged under Sections 409 & 420 of the Indian Penal Code.

Learned counsel for the petitioners submits that this Hon'ble Court in the case of Surendra Singh Vs. State of Bihar

Patna High Court CR. WJC No.1508 of 2022(2) dt.08-05-2023 2/3 and others vide order dated 09.09.2022 passed in Cr.W.J.C. No. 153 of 2017 with analogous cases, a direction was given to the petitioners to represent the entire matter before the Superintendent of Police and the Superintendent of Police was directed to take appropriate action in the said matter upon receiving the representation, within a fixed time period. He submits that the present case is squarely covered with the case of Surendra Singh Vs. State of Bihar and others. In this view of the matter, petitioner is directed to file representation before the Superintendent of Police, Sitamarhi in the light 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 within four weeks from the date of passing of this order.

The Superintendent of Police, Sitamarhi is directed to do the needful at the earliest in the light 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. Till submission of report under Section 173(2) of Cr.P.C. no coercive step shall be taken against the petitioners in connection with Nanpur P.S. Case No. 344 of 2022 With the aforesaid direction, the present Cr. Writ

Patna High Court CR. WJC No.1508 of 2022(2) dt.08-05-2023 3/3 Petition is hereby disposed off.

(Dr. Anshuman, J.) ritik/- U T