Shailendra Kumar Chaudhary v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.140 of 2025 Arising Out of PS. Case No.-1634 Year-2023 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Shailendra Kumar Chaudhary S/O Late Maheshwar Prasad Chaudhary R/O Mohalla Amla Patti, Meena Bazar, PO- Motihari, PS- Motihari Town, District- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar Patna 2.
The Director General of Police, Govt of Bihar, Patna. Bihar 3.
The Superintendent of Police, East Champaran at Motihari. Bihar 4.
Niraj Singh S/o Devkant Singh Resident of Village - Pataura, Madhubani Ghat Road, Near Shiv Hanuman Mandir, P.S. - Muffasil, District - East Champaran.
5.
Manoj Kumar Chaudhary S/o Late Sureshwar Prasad Chaudhary Resident of Mohalla Amla Patti, Meena Bazar, P.O.- Motihari, P.S. Motihari Town, District- East Champaran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Renu Kumari For the Respondent/s :
Mr.S.C. 07 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner has moved before this Court for the following reliefs:- (i) For directing the respondents concerned to ensure earlier and time bound conclusion of the trial of Complaint Case No.1634 of 2023, filed by the petitioner against the respondent nos.4, 5 and one another accused person, for the offences u/s
Patna High Court CR. WJC No.140 of 2025(2) dt.03-07-2025 2/3 379, 504, 417, 468 and 471 of the Indian Penal Code has been taken against respondent no.4 i.e. Niraj Singh and cognizance of offences under section 417, 468 and 471 of the Indian Penal Code has been taken against respondent no.5 as he has sold many self-acquired lands of the petitioner and his father to one Niraj Singh without having any title or interest in the said property in a very fraudulent way showing fake bank transactions in the sale deeds causing wrongful loss to the petitioner and wrongful gain to themselves and now they are trying to delay final adjudication of the said complaint case in order to further harass the petitioner and cause to him final and complete loss as the petitioner in an octogenarian and is having several old aged diseases due to which he is having limited abilities persuade the case.
(ii) For commanding the concerned respondents to ensure proper investigation into the matter of fake Bank transactions in the fraudulent sale and purchase of land of the petitioner by the respondent no.4 and 5 by specialized agencies for the ends of justice as the said aspect can be effectively investigated by such agencies only.
(iii) For any other relief for which the petitioner is entitled under law.
3. The prayer of the petitioner is for speedy disposal of Complaint Case No.1634 of 2023, pending before the Court
Patna High Court CR. WJC No.140 of 2025(2) dt.03-07-2025 3/3 of learned Judicial Magistrate, 1st Class, Motihari.
4. Accordingly, this application is disposed of with a direction to the concerned Magistrate to complete the trial of the case at the earliest and he will not adjourn the case unnecessarily.
(Sandeep Kumar, J) shikha/- U T