Manoj Kumar v. The State Of Bihar Through The District Magistrate, West Champaran At Bettiah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.9 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- West Champaran ====================================================== Manoj Kumar S/o Paspat Prasad Resident of Ward No 02, D.K Shikarpur, Malda, PS- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate, West Champaran at Bettiah Bihar 2.
The Superintendent of Police, West Champaran at Bettiah Bihar 3.
The Sub Divisional Officer, Narkatiaganj, West Champaran at Bettiah Bihar 4.
The Circle Officer, Narkatiaganj, West Champaran at Bettiah Bihar 5.
The Station House Officer, Shikarpur P.S., West Champaran at Bettiah Bihar 6.
Gaurav Kumar S/o Late Deepak Prasad Jaiswal @ Deepak Kumar Jaiswal R/o Purani Bazaar, ward no. 1, P.S.- Shikarpur, Distt.- West Champaran at Bettiah ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Tiwary For the Respondent/s :
Mr.G.P.19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-06-2025 Heard learned counsels for the parties.
2. The following prayer has been made on behalf of the petitioner:- (i) For quashing the entire proceeding of case no.1933/2024, instituted under section 163 of the BNSS, 2023 by the Sub-Divisional Magistrate, Narkartiaganj, including the order dated 22.11.2024, by which the petitioner has been prohibited to visit his land in question.
(ii) For stay of the further proceeding of case number 1933 of 2024, instituted under Section 163
Patna High Court CR. WJC No.9 of 2025(2) dt.30-06-2025 2/2 of the BNSS, 2023 by the Sub-Divisional Magistrate, Narkatiaganj.
(iii) For any other relief for which the petitioner is entitled to in the facts and circumstances of the case.
3. Since, 60 days have lapsed, this application has become infructuous. Mr. Saket Tiwari, submits that during the course of proceedings under Section 144 of the Cr.PC, the documents were submitted by the petitioner to the local police but the local police has written to the Magistrate that no documents were submitted by the petitioner.
4. In these circumstances, the petitioner is permitted to make a complaint to the Superintendent of Police, Bettiah and he will consider the complaint of the petitioner and enquire the complaint of the petitioner. If the Superintendent of Police, Bettiah, finds that the S.H.O., Narkatiaganj, has sent a wrong report to the Magistrate, appropriate proceeding shall be initiated and the concerned police officer shall be punished. (Sandeep Kumar, J) shikha/- U