Disposed

Raj Kumar Jha v. the State of Bihar, through the Director Genral of Police Bihar, Patna

Patna HC19 Dec 2023CR. WJC/1010/2023

Case brief

AI extract

What is this about?

Petitioner sought re-investigation of a Saharsa police case after charge-sheet under Sections 341/323/504/506/34 IPC. The High Court declined to entertain the writ as investigation was complete and only bald allegations were made.

What did the court decide?

Liberty granted to raise pleas at framing of charge; no re-investigation directed.

Raj Kumar Jha Vs the State of Bihar, through the Director… — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1010 of 2023

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Arising Out of PS. Case No.-99 Year-2022 Thana- BANGAWON District- Saharsa

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

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Raj Kumar Jha Son Of Late Pratap Mohan Jha Resident Of Village- Bangaon South, Ward No. 14, Ps- Bangaon, Distt- Saharsa, Present Address- A-33/01, 25, Futa Road, Budh Vihar, Chautpur Bahlolpur, Noida, Up

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... ... Petitioner/s

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Versus

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The State Of Bihar, Through The Director Genral Of Police Bihar, Patna The State Of Bihar, Through The Director Genral Of Police Bihar, Patna, Patel Bhawan Jawarhlal Nehru Marg (BAILY Road) Patna

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The Deputy Inspector General Of Police, Koshi Range Saharsa Bihar

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The Superintendent Of Police, Saharsa Bihar

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The Sub- Divisional Police Officer, Saharsa Bihar

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The Police Inspector Sadar Saharsa Bihar

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The S.H.O. Bangaon Ps, Distt- Saharsa Bihar

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Investigating Officer, Bangaon Police Station, Distt- Saharsa Bihar

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Kamal Choudhary @ Kamalkant Choudhary Son Of Bikan Chouhdary R/O Village-Bangaon, P.S.-Bangaon, District-Saharsa.

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Binod Prasad Jha Son Of Late Tarani Prasad Jha R/O Village-Bangaon, P.S.Bangaon, District-Saharsa

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pawan Kumar, Advocate For the Respondent/s : Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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3 19-12-2023 From the statements made in the counter affidavit, it would appear that the case has been found true only under Sections 341, 323, 504, 506 and 34 of the Indian Penal Code. The investigating agency has already filed a charge-sheet bearing no.06 dated 31.01.2023 under those provisions.

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2. This writ application has been filed much after

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submission of the charge-sheet.

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Patna High Court CR. WJC No.1010 of 2023(3) dt.19-12-2023 2/2

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3. Since the investigation of the case is already over and at this stage save and except the bald statements of the petitioner that the charge-sheet has been filed under bailable Sections, there is no other material to take a view so as to direct for re-investigation of the case, this Court would not entertain the present writ application. It is being disposed of with liberty to the petitioner to raise all such pleas which may be available to him at the time of framing of charge in the learned court below.

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4. This application stands disposed of accordingly.

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(Rajeev Ranjan Prasad, J)

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arvind/-

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Raj Kumar Jha v. the State of Bihar, through the Director Genral of Police Bihar, Patna

Case brief

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Raj Kumar Jha v. the State of Bihar, through the Director Genral of Police Bihar, Patna

Case brief

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What did the court decide?

What the court decided

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