Dismissed

Sushil Kumar Jha v. The State Of Bihar Through Director General Of Police, Sachiwalaya, Patna and Ors.

Patna HC23 Aug 2016CR. WJC/355/2016

Case brief

AI extract

What is this about?

The Patna High Court dismissed a writ petition seeking protection order and arrest of respondents in a property dispute, holding it an ineffective remedy and directing pursuit of civil remedies.

What did the court decide?

Dismissal of the writ petition seeking protection order and arrest, with direction to approach the Civil Court.

Sushil Kumar Jha Vs The State Of Bihar Through… — Writ and Judicial Review | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Writ Jurisdiction Case No.355 of 2016

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======================================================

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Sushil Kumar Jha, Son of Mahesh Jha, R/o Mohalla Balughat, Bandh Road near Raj Narayan Singh College, P.S. Town, District Muzaffarpur

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.... .... Petitioner/s Versus 1. The State of Bihar Through Director General of Police, Sachiwalaya, Patna 2. Inspector General of Police, Muzaffarpur 3. District Magistrate, Muzaffarpur 4. Deputy Director General of Police, Muzaffarpur

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Senior Superintendent of Police, Muzaffarpur

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Deputy Superintendent of Police, Muzaffarpur

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Officer Incharge of Mahila Thana Town Muzaffarpur 8. Rahul Kr Singh, Son of Late Parash Nath Singh 9. Chotu Singh, Son of Late Parash Nath Singh 10. Meena Devi,Wife of Late Parash nath Singh 11. Prabhat Kumar Ranna, Son of Late Prabhakar Rana 12. Ram Pukar Singh, Son of Unknown 13. Shivendar Jha , Son of Raja Jha 14. Pushpa Kumari , D/o Ram Pukar Singh 15. Kajal Mehta, Son of Late Sanjay Mahto -All R/o Mohalla Balughat, Bandh Road, P.S. Town, District Muzaffarpur

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Tiwary For the State: : Mr. Rajeev Shekhar, AC to GA 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL ORDER

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3 23-08-2016 Heard learned counsel for the parties. The petitioner has claimed the following reliefs:(i) To direct the 1^st set of respondents for preventing the 2^nd set of respondents from committing any criminal activity against the petitioner. (ii) To arrest the 2^nd set of respondents who

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Patna High Court Cr. WJC No.355 of 2016 (3) dt.23-08-2016

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2/2

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have taken law in their hands; and

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(iii) To protect the life and liberty of the petitioner as well as his family members.

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The petitioner is said to have purchased property vide sale deeds dated 11^th June, 2013. It appears that there is a property dispute of the petitioner with the second set of respondents. Such dispute relating to property cannot be a ground for providing security to protect the life and property. The petitioner, if so advised, may seek the effective and alternative remedy from the Civil Court.

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The writ petition is dismissed with the above

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observations.

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(Hemant Gupta, J)

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mrl-

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U T

Sushil Kumar Jha v. The State Of Bihar Through Director General Of Police, Sachiwalaya, Patna and Ors.

Case brief

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Sushil Kumar Jha v. The State Of Bihar Through Director General Of Police, Sachiwalaya, Patna and Ors.

Case brief

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What the court decided

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