Lalit Kishore Prasad v. The State Of Bihar, Through The Secretary, Department Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1619 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== LALIT KISHORE PRASAD S/O Bhavananda Prasad R/O Areraj, P.SGovindganj, District- East Champaran ... Petitioner

Versus

1.

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

The Director General of Police, Bihar, Patna 3.

The District Magistrate, East Champaran at Motihari 4.

The Superintendent of Police, Motihari 5.

The Sub-Divisional Magistrate, Areraj, District- East Champaran 6.

The Deputy Superintendent of Police, Areraj, District- East Champaran 7.

The S.H.O Govindganj (Areraj) Police Station, District- East Champaran 8.

Rahul Kumar Gupta S/O Late Rajendra Prasad R/O Village- Areraj P.SGovindganj, District- East Champaran 9.

Munni Gupta W/O Late Ashok Prasad R/O Village- Areraj, P.S- Govindganj, District- East Champaran 10.

Hari Kishore Prasad S/O Bhawa Nand Prasad R/O Village- Areraj, P.SGovindganj, District- East Champaran ... Respondents ====================================================== Appearance :

For the Petitioner :

M/s Sunila Kumar & Alka Singh, Adv.

For the Respondents :

Ms Babita Kumari, AC to SCI ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the State. Counsel for the petitioner submits that he has filed this writ petition for seeking protection and run his business, namely, M/s R.M. Sales, Areraj, P.S. Govindganj, district East Champaran, for which he has lodged Govindganj P.S. Case No. 199 of 2022. Counsel for the petitioner submits that private respondents is none-else but own brother of the petitioner. The petitioner seeks protection of his property and

Patna High Court CR. WJC No.1619 of 2022(2) dt.20-04-2023 2/2 life.

Counsel for the State submits that from the contents of the first information report, it transpires that this disputes are completely private in nature and it is between two brothers. There is case and counter case from both the sides, bearing Govindganj P.S. Case No. 199 of 2022 and Govindganj P.S. Case No. 322 of 2022, one filed by the father (petitioner) and another was filed by the son.

After some arguments learned counsel seeks permission to withdraw this petition and seek his remedy before the competent Civil Court for the disputes between them. Upon filing the application by the petitioner before the competent Civil Court, the Civil Court shall consider and pass order of interim protection at the earliest.

With this direction, this application is disposed off. (Dr. Anshuman, J) Shamshad/- U T