Anita Gupta v. The State Of Bihar Through The Chief Secretary Old Secretariat Bihar Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.7 of 2024 Arising Out of PS. Case No.-1076 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
Anita Gupta W/O Sri Sanjeev Kumar R/O Mohalla Jai Prabha Nagar Ward No. 29-30 Kayasth Tola Municipal Corporation Saharsa, P.S And Distt.- Saharsa.
2.
Saurav Kumar S/O Sri Sanjeev Kumar R/O Mohalla Jai Prabha Nagar Ward No. 29-30 Kayasth Tola Municipal Corporation Saharsa, P.S And Distt.- Saharsa.
... ... Petitioner/s
Versus
1.
The State Of Bihar Through The Chief Secretary Old Secretariat Bihar Patna. Bihar 2.
The Principal Secretary Department Of Home Govt Of Bihar Patna. Bihar 3.
The Director General Of Police Govt Of Bihar, Patna. Bihar 4.
The Deputy Inspector General Of Police Bhagalpur. Bihar 5.
The Senior Superintendent Of Police Bhagalpur. Bihar 6.
The Sub-Divisional Police Officer Kahalgaon, Distt.- Bhagalpur. Bihar 7.
The Station House Officer Kahalgaon P.S, Distt.- Bhagalpur. Bihar 8.
The Sho Ghogha Op Under Kahalgaon P.S, Distt.- Bhagalpur. Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha For the Respondent/s :
Mr.Gp.2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-07-2025 Heard the parties.
2. This application has been filed on behalf of the petitioners for the following reliefs:- (I) For issuance of an appropriate writ directing the respondents for proper investigation in Connection with Kahalgaon (Ghogha OP) P.S. Case No 1076/2023 Lodged on 12/9/2023 in the district of Bhagalpur against the Petitioners for
Patna High Court CR. WJC No.7 of 2024(2) dt.14-07-2025 2/2 recovery of illicit wine form the stolen Scorpio Vehicle owned by the Petitioner No 1 bearing Registration No BR19V-0308.
(II) For direction upon the respondents to take steps against the real Culprit (S) in Connection with the said Kahalgaon (Ghogha OP) P.S. Case No 1076/2023 of District Bhagalpur. (III) For quashing of FIR vide kahalgaon (Ghogha OP) P.S. Case No 1076/23 Lodged against the Petitioners in respect of Petitioners on 12/9/23 in view of the fact that Petitioner No 1 has lodged Saharsa Sadar P.S. Case No 645/23 U/S 379 I.P.C. for the theft of her Vehicle SCORPIO bearing Registration No. BR 19V-0308 (IV) For direction upon the respondents not to take Coercive measure against the Petitioners during pendency of this application.
3. The petitioners are accused in a case registered for the offence under the Excise Act and charge-sheet have been submitted against them.
4. In these circumstances, the prayer for proper investigation is maintainable at this stage.
5. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U