Prabhawati Devi @ Prabhawati v. The State Of Bihar, Through The Principal Secretary, Dept. Of Home, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.109 of 2023 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== PRABHAWATI DEVI @ PRABHAWATI WIFE OF LATE SHRI NIWAS RAM @ SHRINIWAS BASPHOR R/O VILL.- BARAHANI, P.S.- SIWAN, DISTT.- SIWAN ... ... Petitioner/s

Versus

1.

The State Of Bihar, through The Principal Secretary, Dept. Of Home, Govt. Of Bihar, Patna 2.

The Inspector General Of Police, Weaker Section, Bihar, Patna 3.

The Deputy Inspector General Of Police, Saran, Chapra 4.

The Superintendent Of Police Siwan 5.

The Officer-In-Charge, Sc/St Police Station, Siwan, Distt.- Siwan 6.

Chhabila Chaudhary Son Of Mahanth Yadav R/O Basopali, P.S.- Siwan (MUFASSIL), Distt.- Siwan 7.

Upendra Yadav Son Of Late Musafir Choudhary Vill.- Mahuwari, P.S.- Mahadeva, O.P., Distt.- Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Uma Shankar Prasad Sinha, Sr. Advocate Mr. Kamala Kant Tiwary, Advocate For the Respondent/s :

Mr. Dipak Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-10-2023 Heard the learned counsel for the parties.

2. From the statements made in the counter affidavit it appears that with similar allegations, the petitioner had earlier submitted a complaint based on which Siwan Muffasil P.S. Case No. 382 of 2022 had been instituted on 07.07.2022 under Sections 341/323/354(B)/504/34 of the Indian Penal Code and Sections 3(2)(i)(s)/3(2)(va) of the S.C./S.T. Act.

3. The counter affidavit further states that only with a

Patna High Court CR. WJC No.109 of 2023(2) dt.10-10-2023 2/2 change of date another complaint was lodged and it was inquired into. It has been learnt that a land dispute is going on between the parties so the petitioner always files petition with same and similar allegation.

4. The counter affidavit further reveals that the opposite party has filed complaint in the court of learned C.J.M., Siwan vide Complaint No. 2301 of 2019 under Sections 467, 468, 419, 471 and 120(B) of the Indian Penal Code against the petitioner and her family members on the basis of which Siwan Muffasil P.S. Case No. 429 of 2019 has been registered.

5. In view of the above developments, this Court finds no reason to proceed with the present writ application and is dismissed accordingly.

(Rajeev Ranjan Prasad, J) Rishi/- U T