Munarik Yadav @ Munarik Gop v. The State Of Bihar Through Director General, (Home Police), Department Of Home (Police)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.108 of 2025 Arising Out of PS. Case No.-194 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Munarik Yadav @ Munarik Gop S/O Late Shiv Yadav Resident of VillageMosimpur, Post Office- Narsanda, Police station- Chandi, District- Nalanda 2.

Pradum Kumar @ Pradumn Yadav S/O Munarik Yadav @ Munarik Gop Resident of Village- Mosimpur, Post Office- Narsanda, Police stationChandi, District- Nalanda 3.

Shobha Devi W/O Munarik Yadav @ Munarik Gop Resident of VillageMosimpur, Post Office- Narsanda, Police station- Chandi, District- Nalanda 4.

Sushama Devi W/O Ramchandra Prasad @ Ram Chandra Prasad Yadav Resident of Village- Mosimpur, Post Office- Narsanda, Police stationChandi, District- Nalanda 5.

Baban Kumar @ Pawan Kumar S/O Ramchandra Prasad @ Ram Chandra Prasad Yadav Resident of Village- Mosimpur, Post Office- Narsanda, Police station- Chandi, District- Nalanda 6.

Reshma Devi @ Manju Devi W/O Baban Kumar @ Pawan Kumar Resident of Village- Mosimpur, Post Office- Narsanda, Police station- Chandi, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar Through Director General, (Home Police), Department of Home (Police) Government of Bihar, Old Secretariate, Patna 2.

The District Magistrate, Nalanda Bihar 3.

The Sub Divisional Officer, Hilsa, Nalanda Bihar 4.

The Superintendent of Police, Nalanda Bihar 5.

The Office in Charge Noorsarai Police station, District- Nalanda Bihar 6.

The Office in Charge, Chandi Police Station, District- Nalanda Bihar 7.

Shiv Narayan Prasad Yadav @ Shiv Narayan Prasad @ Anil Kumar Yadav S/O Late Ramadhin Prasad Resident of Village- Chandasi, Police StationNoorsarai, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Respondent/s :

Mr. Sitaram Yadav, G.P.16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard learned counsels for the parties.

2. The present application has been filed for quashing

Patna High Court CR. WJC No.108 of 2025(2) dt.03-07-2025 2/3 of the FIR bearing Noorsarai P.S. Case No.194 of 2024, dated 10.05.2024, registered under Sections 304B, 302, 328, 34 of the Indian Penal Code corresponding to GR 2084/2024, against 6 named including petitioners, registered under section 156(3) of Code of Criminal Procedure on the basis of order dated 03.05.2024 passed in Complaint Case No.201C of 2024, filed by one Shivnarayan Prasad Yadav, respondent no.7, pending in the court of learned J.M., 1st Class, Biharsharif, Nalanda, whereby and whereunder the petitioners have been made accused without any means and reason as they have already made accused in FIR of Chandi P.S. Case No.243 of 2024 dated 02.06.

2024 registered under sections 304B, 302, 328, 34 of the Indian Penal Code corresponding to GR 1295/2024, which has been filed within jurisdiction. Petitioners further pray for direction to initiate a criminal proceeding against respondent no.7 for lodging a frivolous, malice prosecution against these petitioners by lodging complaint case despite of previous U.D. Case No.07/2024 recorded on 12.02.2024 filed by the respondent no.7, himself in the Court of learned S.D.M., Hilsa. Petitioners prays further for declaration to exonerate with allegation shown and declare as an innocent.

Patna High Court CR. WJC No.108 of 2025(2) dt.03-07-2025 3/3 petitioners for facing malice prosecution before the Court of law. They further pray that during pendency of this writ application stay the whole prosecution proceeding initiated against the petitioners in Noorsarai P.S. Case No.194 of 2024.

3. Learned counsel for the State submits that after investigation police has submitted the final form.

4. In these circumstances, this application has become infructuous and it is, accordingly, dismissed. (Sandeep Kumar, J) shikha/- U