Petitioner sought direction to register FIR regarding assault. Respondents revealed FIR was already registered under IPC following altercation over land dispute and chargesheet filed. High Court dismissed writ application as prayer untenable given existing criminal proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.894 of 2017
Arising Out of PS. Case No.- Year-1111 Thana- District-
======================================================
Ghanshyam Yadav Son of Late Tulsi Yadav, Resident of Village- Baliyadih, P.S.- Jhajha, District- Jamui.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None. For the Respondent/s : Mr.Iqbal Asif Niazi, AC to GP-5
======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
2 23-01-2020 No one appears on behalf of the petitioner. Counsel for the State is present.
Learned counsel for the State submits that the present application is confined to the prayer for direction to respondent no.6, the Station Head Officer SHO, Police Station Jhajha, district-Jamui to register the first information report against accused persons, namely, Chaturanand Yadav, son of Tori Yadav, Gendhar Yadav and Mundrika Yadav.
A counter affidavit has been filed on behalf of the respondents wherein, it has been submitted that application
Patna High Court CR. WJC No.894 of 2017(2) dt.23-01-2020 2/3
dated 04.10.2016 was lodged against the petitioner, and, therefore, the petitioner’s application dated 02.10.2016 was not entertained and registered at the police station and as report was sought for from the Police Inspector-cum-Station House Officer through memo no.131 legal dated 23.06.2017 so as to ascertain the facts of the case. However, the Police Inspector-cum-Station House Officer, P.S. Jhajha reported on 25.06.2017 that the matter was enquired and it came to his knowledge that there was a land dispute between the parties which has resulted in some altercation regarding cutting of pulses from the field. However, on the following day, the son of Chaturanand Yadav was assaulted by Dhano Yadav and others for which Jhajha P.S.Case No.220 of 2016 was registered.
In the said case, after investigation, chargesheet has been submitted on 27.01.2017 under Sections 341, 323, 379, 504 and 506 of the Indian Penal Code. Furthermore, another proceeding under Section 144 of the Cr.P.C. has been instituted at the instance of Chaturanand Yadav and a proceeding under Section 107 of the Cr.P.C. had been initiated between the parties on 03.10.2016.
Thus, the prayer of the petitioner is wholly untenable and may be rejected. No rejoinder has been filed by the
Patna High Court CR. WJC No.894 of 2017(2) dt.23-01-2020 3/3
petitioner in this case so copy of the same has been served on oath on 17.08.2017 itself.
After consideration of aforementioned facts and
circumstances, the present writ application does not warrant any interference and, is accordingly, dismissed.
(Anjana Mishra, J)
B.Kr./-
U
1 issue framed by the court
Whether the writ application seeking direction to register an FIR warrants judicial interference.
Ghanshyam Yadav
The State Of Bihar Through Director General Of Police, Bihar, Patna
The Inspector General of Police, Bhagalpur Zone, Bhagalpur
The Deputy Inspector General of Police, Munger
The Superintendent of Police, Jamui
The Sub Divisional Police Officer, Jhajha
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
