Disposed

Prithwi Raj Kumar Singh v. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

Patna HC6 Apr 2023/539/2022

Case brief

AI extract

What is this about?

The High Court received a writ petition for quashing an SC/ST atrocity case FIR arising from a dispute over an attendance register at the Nagar Parishad. Pending a police enquiry report, the Court quashed coercive measures and directed the petitioner to appear for fact verification.

What did the court decide?

No coercive steps against the petitioner pending police enquiry; directed to appear for fact verification.

Prithwi Raj Kumar Singh Vs The State of Bihar through the… — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.539 of 2022

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Arising Out of PS. Case No.-8 Year-2022 Thana- SC/ST District- Siwan

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PRITHWI RAJ KUMAR SINGH Son of Late Raghubir Singh Resident of Mohalla - Kachahari Road, P.S.- Town, District – Siwan ... Petitioner

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Versus

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The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna

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The Director General of Police, Sardar Patel Bhawan, Baily Road, Patna

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The Superintendent of Police, Siwan, Bihar

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The Sub-Divisional Police Officer, Siwan Sadar, Siwan, Bihar

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The Officer Incharge, SC/ST Police Station, Siwan, Bihar

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The Executive Officer, Nagar Parishad, Siwan, Bihar

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Krishna Kumar Son of Nand Kumar Ram Resident of Mohalla - Ambedkar Nagar, P.O. and P.S.- Siwan Town, District - Siwan, Mobile No.7632955920 ... Respondents

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Appearance : For the Petitioner : Mr.Aditya Narain Singh, Adv. For the State : Mr. Md. Nasrul Hoda Kha, SC I For the Nagar Parishad : M/s Ravi Bhushan Verma & Gyan Prakash, Advs. ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

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2 06-04-2023

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Counsel for the petitioner is directed to file the original

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petition within two weeks.

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Heard the parties.

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The present application has been filed for quashing of the first information report in respect of Siwan Sadar SC/ST P.S. Case No. 8 of 2022, dated 19.04.2022 registered under Sections 341, 323 and 504 of the Indian Penal Code and 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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Counsel for the petitioner submits that this matter is relating to the Executive Office, Nagar Parishad, Siwan, where dispute relating to examination of attendance register occurred. Counsel submits that from report of the enquiry officer it has been

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Patna High Court CR. WJC No.539 of 2022(2) dt.06-04-2023 2/2

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found that the petitioner is innocent. At the lowest level it has also come that petitioner has not committed any offence. Counsel submits that the indication has come in this regard in the counter affidavit which has been served to the counsel for the petitioner, but, not placed in the Court.

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In this background, the petitioner is directed to represent himself, either in person or through his Advocate, in the light of the order passed by the coordinate Bench in Cr.W.J.C. No. 153 of 2017 (Surendra Singh Vrs. State of Bihar & Ors.) and analogous cases decided on 09.09.2022 before the Superintendent of Police, Siwan (respondent no. 3) within four weeks from today, who shall take necessary steps to ascertain about involvement of the petitioner in this case, if not, appropriate decision has been taken so that the petitioner may not be unnecessarily harassed.

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In the meanwhile, till decision of the Superintendent of Police, Siwan, no coercive steps shall be taken against the petitioner.

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With this observation, this criminal writ petition is disposed off.

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(Dr. Anshuman, J)

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Shamshad/-

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U T

Prithwi Raj Kumar Singh v. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

Case brief

What is this about?

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Prithwi Raj Kumar Singh v. The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

Case brief

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What did the court decide?

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