Dr. Sanjay Kumar v. The State Of Bihar, Through Principal Secretary, Home, Government Of Bihar, Old Secretariat, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1953 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- UNIVERSITY District- Muzaffarpur ====================================================== Dr. Sanjay Kumar Son Of Maheshwar Chaudhary Resident Of Village- Jai Maharaja Works Kalambag Chowk, Muzaffarpur, Ps- Kazi Mohammadpur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar, Through Principal Secretary, Home, Government Of Bihar, Old Secretariat, Patna Bihar 2.

The Principal Secretary, Home, Govt. Of Bihar, Old Secretariat, Patna Bihar 3.

The Director General Of Police, Bihar, Old Secretariat, Patna Bihar 4.

The Superintendent Of Police, Muzaffarpur Bihar 5.

The Officer In Charge, Vishwavidyalya, Police Station, Muzaffarpur Bihar 6.

The Regional Deputy Director Education, Tirhut Division, Muzaffarpur Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Shekhar, Advocate For the Respondent/s :

Mr. Iqbal Asif Niazi, AC to G.P.5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present application has been filed for the following reliefs:- (i) For quashing the FIR of Vishwavidyalaya P.S. Case No.10 of 2023, dated 06.10.2023, registered under Section 409, 420, 120B and 34 of the Indian Penal Code on the ground that the same is illegal and without any authority of law.

(ii) For commanding the respondents to

Patna High Court CR. WJC No.1953 of 2023(2) dt.01-05-2025 2/3 take any coercive steps against the petitioner in pursuance of Vishwavidyalaya P.S. Case No.10 of 2023.

(iii) That no cognizable offence is made out against the petitioner as per the contents of the FIR and therefore, the petitioner cannot be subjected to criminal prosecution.

(iv) To award the cost of litigation and suitable compensation to the petitioner for the loss and damages caused to the petitioner.

(v) To grant any other reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case.

3. Learned counsel for the petitioner submits that the appointment of the petitioner was after the date of alleged irregularity.

4. At this stage, this Court will not examine the defence of the petitioner. As such, this application is disposed of with liberty to the petitioner to approach the S.S.P., Muzaffarpur with his representation. The S.S.P., Muzaffarpur, will examine the case of the petitioner at the time of supervision and if he finds sufficient materials in support of the contention of the petitioner he will direct the Investigating Officer to proceed to investigate all the facts of the case in light of the representation of the petitioner.

5. It is made clear that the Court has not applied its

Patna High Court CR. WJC No.1953 of 2023(2) dt.01-05-2025 3/3 mind to the facts of the case.

6. Let a copy of the order be communicated to the S.S.P., Muzaffarpur forthwith through FAX for its compliance. (Sandeep Kumar, J) shikha/- U T