Dhanwanti Devi v. The State Of Bihar Through Home Secretary, Home Department, Government Of Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.18 of 2026 Arising Out of PS. Case No.-8 Year-2025 Thana- KRISHNAGARH District- Bhojpur ====================================================== Dhanwanti Devi Wife of Mohan Sharma Resident of Village - Hetampur Sohra, P.S.- Krishnagarh, District - Bhojpur ... ... Petitioner/s
Versus
1.
The State of Bihar through Home Secretary, Home Department, Government of Bihar, Patna Bihar 2.
The Director General of Police, Bihar, Patna Bihar 3.
The Additional Director General of Police, Bihar, Patna Bihar 4.
The Deputy Inspector General of Police, Patna Bihar 5.
The Superintendent of Police, Bhojpur at Ara Bihar 6.
The Sub-Divisional Police Officer, Sadar Ara, Bhojpur Bihar 7.
The Station House Officer, Police Station Krishnagarh, District - Bhojpur Bihar 8.
The Investigation Officer in Krishnagarh P.S. Case No. 08/2025 Police Station - Krishnagarh, District - Bhojpur, Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Maya Shankar Mishra, Advocate For the Respondent/s :
Mr.G.A.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2026 The instant writ petition has been filed seeking following relief(s):- "I. For issuance of writ in the nature of certiorari for quashing the charge-sheet no.
60/2025 dated 23.04.2025 whereby and where under the Police submitted aforesaid charge-sheet against the husband namely Mohan Sharma and two Sons namely Sonu Sharma and Sanjay Sharma of Petitioner without proper and fair investigation in
Patna High Court CR. WJC No.18 of 2026(2) dt.25-06-2026 2/3 connection with Krishnagarh P.S. Case No.
08/2025 and further for quashing the order taking cognizance dated 28.05.2025 passed by the Learned Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in Krishnagarh P.S. Case No. 08/2025 and order of Charge dated 07.10.2025 passed by the learned District and Additional Sessions Judge-VII, Bhojpur in Session Case No.
301/2025 arising out of Krishnagarh P.S. Case No. 08/2025 as the order of cognizance and charge was passed on the basis of charge-sheet no. 60/2025 submitted by police without proper and fair investigation. II. For issuance of direction upon the respondents to investigate the case properly and fairly through SIT, Bihar Patna for the end of justice.
III.
And/or pass such other order/orders/relief/reliefs for which Petitioner is found to be entitled in the facts and circumstances of the case."
02. Since the prayer of the petitioner is for quashing the order taking cognizance by the learned Additional Chief Judicial Magistrate-VII, Bhojpur at ARa in Krishnagarh P.S. Case No. 08 of 2025, the said order is not amenable to writ jurisdiction under Article 226 of the Constitution of India.
03. Faced with the situation, learned counsel for the
Patna High Court CR. WJC No.18 of 2026(2) dt.25-06-2026 3/3 petitioner seeks permission to withdraw the present petition with liberty to have recourse of law in appropriate proceeding before appropriate forum.
04. Permission is accorded.
05. Accordingly, the present petition is disposed of with liberty as aforesaid.
(Arun Kumar Jha, J) DKS/- U T