Shadab @ Md. Shadab Khan v. The State Of Bihar Through The Pr. Secretary, Deptt. Of Home, Govt. Of Bihar, Patel Bhawan, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.46 of 2025 Arising Out of PS. Case No.-229 Year-2014 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Shadab @ MD. Shadab Khan Son of MD. Rahmatullah Khan R/o MohallaAli Nagar Ward No 1, P.S.- LNMU Campus, District- Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar through the Pr. Secretary, Deptt. of Home, Govt. of Bihar, Patel Bhawan, Patna Bihar 2.
The Director General of Police, Patel Bhawan, Patna Bihar 3.
The Senior Superintendent of Police, Darbhanga Bihar 4.
The Investigating Officer of LNMU Police Station Darbhanga Bihar 5.
The SHO of LNMU, Police Statiion in the District of Darbhanga Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate Mr. Md. Kamran For the Respondent/s :
Mr. S.C.21 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2025 Heard the learned counsel for the petitioner and the learned counsel for the State.
2. The learned counsel for the petitioner prays for is permitted to make necessary correction in paragraph no. 1 of the writ petition.
3. This writ petition has been filed for the following reliefs:
A. For issuance of an appropriate writ/order/direction setting-aside the Criminal Revisional order passed by the learned Addl. Sessions Judge - 1 at Darbhanga, dt - 24/09/2024 passed in Cr.
Patna High Court CR. WJC No.46 of 2025(2) dt.07-08-2025 2/3 Rev. No - 44/2023 (Arising out of LNMU P.S. case No - 229/2014 registered u/s 147, 148, 149, 341, 323, 448, 324, 337 of the Indian Penal Code whereby the cognizance order dt 07/08/2018 passed against the petitioner (under challenge) has been dismissed in a misconceived/misconstrued manner;
B.
For issuance of an appropriate writ/order/command/direction quashing the chargesheet no 31/16 dt - 29/02/2016 filed in the court of learned CJM, Darbhanga against the petitioner appears to be the slip of pen by the 1.0 or misunderstanding the correct name of accused mentioned for sent up for trial as the accusation of petitioner was falsified by the 1.0 during the course of the Investigation in the case diary.
C.
For issuance of an appropriate writ/order/command/direction quashing the order taking cognizance consequently by the learned CJM, Darbhanga dt - 07/08/2018 which also appears to be in a mechanical manner whereas the Paragraph of the case diary no name of the petitioner not guilty along with other co-accused persons whose accusation is also falsified by the police against 31 (conclusion portion) specifically mention the whom cognizance was not taken.
4. This application is disposed of with liberty to the petitioner to raise all the grounds at an appropriate Stage by way of filing an application.
5. If such an application is filed then the same shall be considered by the Trial Judge in accordance with law and in view of the judgment of the Hon'ble Supreme Court in the case
Patna High Court CR. WJC No.46 of 2025(2) dt.07-08-2025 3/3 of Kanchan Kumar Vs. The State of Bihar reported in (2022) 9 SCC 577.
(Sandeep Kumar, J) Shishir/- U T