Dismissed

Mukesh Kumar v. the State of Bihar through Principal Secretary, Home Department, Bihar, Patna

Patna HC9 Nov 2022CR. WJC/366/2022

Case brief

AI extract

What is this about?

The single-judge bench of the Patna High Court refused to entertain a writ petition seeking direction to register an FIR. Relying on Sakiri Vasu, the court directed the petitioner to seek remedy under Section 156(3) Cr.P.C. in the appropriate criminal court below.

What did the court decide?

Discovery of FIR registration via Section 156(3) Cr.P.C. in the court below.

Mukesh Kumar Vs the State of Bihar… — Constitutional and Fundamental Rights | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.366 of 2022

¶2

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

¶3

====================================================== Mukesh Kumar Son Of Rajendra Chaudhary R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda

¶4

... ... Petitioner

¶5

Versus

¶6

The State Of Bihar Through Principal Secretary, Home Department, Bihar, Patna Bihar

¶7

The District Magistrate, Nalanda Bihar

¶8

The Superintendent Of Police, Nalanda Bihar

¶9

The Station House Office, Biharsharif P.S., Nalanda Bihar

¶10

Md. Shakil Son Of Late Sharfuddin @ Tapo R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda-803101

¶11

Md. Ashif @ Rinku Son Of Md. Salaam R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda-803101

¶12

Md. Raja @ Rishu Son Of Late Mansur R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda-803101

¶13

Md. Shamshad Son Of Md. Asho Miyan R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda-803101

¶14

Md. Ansar Son Of Late Jalil Sidhaki R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda-803101

¶15

Md. Sahjad Shah Son Of Late Sidhaki Shah R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda-803101

¶16

Md. Farmud Son Of Late Rashid Miyan R/O Village- Banouliya, P.S.Biharsharif, District- Nalanda-803101

¶17

... ... Respondents

¶18

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

¶19

Appearance :

¶20

For the Petitioner/s : Mr.Pramod Kumar Chakravarti, Advocate For the Respondent/s : Mr.Md. Irshad, AC to SC-1 ======================================================

¶21

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

¶22

2 09-11-2022

¶23

Mr. Pramod Kumar Chakravarti, Learned counsel for

¶24

the petitioner has mentioned the matter for urgent hearing.

¶25

Learned counsel submits that in this case petitioner is looking for a direction to the concerned police authorities to register a first information report. According to him his

¶26

Patna High Court CR. WJC No.366 of 2022(2) dt.09-11-2022 2/2

¶27

application right from submitted in the police station and the Superintendent of Police of the concerned district has not been interfered with. Learned counsel however accepts that the petitioner has not moved under Section 156(3) of the Code of Criminal Procedure in the learned court below for the reliefs prayed.

¶28

In the aforesaid view of the matter, in the light of the judgment of the Hon’ble Supreme Court in the case of Sakiri Vasu v. State of U.P. & Ors. reported in AIR 2008 SC 907, this Court would not entertain this writ application directly for registration of an F.I.R. The petitioner, if so advised, may seek his remedy under Section 156(3) Cr.P.C. in the learned court below.

¶29

This Application stands disposed of accordingly.

¶30

(Rajeev Ranjan Prasad, J)

¶31

vats/-

¶32

¶33

Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading ‘Judicial Orders Passed During The Pandemic Period’.

Mukesh Kumar v. the State of Bihar through Principal Secretary, Home Department, Bihar, Patna

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. the State of Bihar through Principal Secretary, Home Department, Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nilkanth Singh Rakesh Vs The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna and Ors.

Pramila Devi @ Sheela Devi Vs The State Of Bihar Through The Director General Of Police, Bihar, Patna and Ors.

Sri Banshi Gopal Vs The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna and Ors.

Indrajeet Kumar Vs The State of Bihar

Tuntun Yadav Vs the State of Bihar

Sunil Kumar @ Sunil Sao Vs the State of Bihar