Dismissed

Shayam Lal Singh v. the State of Bihar through the Principal Sectt., Home Dept. Govt. of Bihar, Patna

Patna HC14 Nov 2019CR. WJC/1534/2019

Case brief

AI extract

What is this about?

Court dismissed a writ petition seeking direction to lodge an FIR and conduct an enquiry. It held the petitioner has an adequate alternative remedy by filing a private complaint under Section 190 Cr.P.C. and moving the Magistrate under Section 156(3) Cr.P.C., making extraordinary jurisdiction unnecessary.

What did the court decide?

Writ petition dismissed as the petitioner has an adequate remedy by filing a complaint under Section 190 Cr.P.C.

Shayam Lal Singh Vs the State of Bihar… — Constitutional and Fundamental Rights | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1534 of 2019

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Arising Out of PS. Case No.- Year-0 Thana- District- Araria

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

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SHAYAM LAL SINGH Son of Late Gogai Singh Resident of Village - Chatar, (Chamra Godown) Islampur, P.S.- Araria, Distt - Araria.

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... ... Petitioner/s

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Versus

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The State of Bihar Through The Principal Secretary, Home Department. Govt. Of Bihar, Patna, Bihar

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The Director General of Police, Patel Bhavan, Baili Road, Patna. Bihar

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The Superintendent of Police, Araria. Bihar

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The Officer In Charge, Araria. Bihar

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Dhirendra Singh For the Respondent/s : Mr.Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 14-11-2019

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Heard learned counsel for the petitioner and learned counsel for the respondents.

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The present writ petition has been filed for a direction to the respondents “ to lodge a First Information Report on the basis of written report filed by the petitioner and other villagers on 12.03.2019; and further direct the respondents to enquire about the matter properly and take action against the persons concerned.”

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At the very outset this Court takes note that the petitioner has adequate remedy by filing a complaint upon which cognizance may be taken by the Magistrate under Section

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Patna High Court CR. WJC No.1534 of 2019 dt.14-11-2019 2/2

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190 Cr. P.C. and thereafter in an appropriate case the Magistrate may order investigation by a police officer under Section 156(3) Cr.P.C.

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In the above circumstances, this Court is not inclined to interfere in its extraordinary jurisdiction under Article 226 of the Constitution for grant of the relief sought. The writ petition accordingly stands dismissed.

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(Vikash Jain, J)

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Chandran/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	16.11.2019
Transmission Date	16.11.2019

Shayam Lal Singh v. the State of Bihar through the Principal Sectt., Home Dept. Govt. of Bihar, Patna

Case brief

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Shayam Lal Singh v. the State of Bihar through the Principal Sectt., Home Dept. Govt. of Bihar, Patna

Case brief

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What the court decided

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