Sanjay Mahto v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1616 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- ANGARGHAT District- Samastipur ====================================================== SANJAY MAHTO Son of Kailash Mahto Resident of Muriyaro, Ward No. 9, P.S.- Angarghat, District- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Chief Secretary, Govt. Of Bihar Patna 2.

The Director General of Police (D.G.P.), Bihar, Patna Bihar 3.

The Inspector General of Police (I.G.), Darbhanga Range, Darbhanga Bihar 4.

The Deputy Inspector General of Police (D.I.G.), Darbhanga Bihar 5.

The Superintendent of Police, Samastipur Bihar 6.

The Sub Divisional Police Officer, Dalsingsarai, District Samastipur Bihar 7.

The Station House Officer, Angarghat, District Samastipur Bihar 8.

Shri Ram Bahadur Mali, Sub Inspector (I.O. of Angarghat P.S.), P.S.- Angarghat District Samastipur Bihar 9.

Linkan Kumar Son of Dinesh Mahto Resident of Muriyaro, Ward No. 9, P.S.- Angarghat, District - Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar For the Respondent/s :

Mr.Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA C.A.V. JUDGMENT Date : 19-02-2020 Heard learned counsel appearing for the parties. The petitioner in this writ application has prayed for issuance of a writ of certiorari for quashing the F.I.R being Angarghat P.S. Case No. 63 of 2019 and for issuance of a writ of mandamus for getting the aforesaid case inquired the aforesaid case by D.I.G. Darbhanga. Further prayer is for taking suitable action against respondent nos. 7 & 8.

Patna High Court CR. WJC No.1616 of 2019 dt.19-02-2020 2/2 According to the first information report, Kailash Mahto and Meena Devi were illegally making construction on the land of the informant. On objection being raised by the informant, Kailash Mahto, Anjal Mahto and Sanjay Mahto, the present petitioner, assaulted the informant by means of lathi and rod.

On perusal of the allegations levelled in the first information report, it cannot be said that no cognizable offence is disclosed therein. Correctness or trustworthiness of the allegations cannot be looked into at this stage. It can only be looked into after investigation of the case at the appropriate stage.

In view of the above, this Court does not find any merit in this application. The same is, therefore, dismissed. (Arvind Srivastava, J) mcv/- AFR/NAFR NAFR CAV DATE 02.12.2019 Uploading Date 19.02.2020 Transmission Date 19.02.2020