Disposed

Dr. Dirgha Narayan Yadav v. The State Of Bihar Through The Principal Secretary,deptt. Of Home, Bihar and Ors.

Patna HC19 Apr 2023CR. WJC/1340/2017

Case brief

AI extract

What is this about?

Three criminal writ/miscellaneous cases concerning repeated FIRs against a petitioner and family over a Math property dispute were heard. Counsel reported the final form had been accepted exonerating the petitioners. The Court directed that no FIR be registered and no cognizance taken without prior enquiry.

What did the court decide?

Directions to SP/Sadar PS not to register FIRs and to CJM Purnea not to take cognizance without prior enquiry; copies to District Judge and SP Purnea.

Dr. Dirgha Narayan Yadav Vs The State Of Bihar Through The… — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1340 of 2017

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Arising Out of PS. Case No.-393 Year-2016 Thana- PURNEA SADAR District- Purnia

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

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Dr. Dirgha Narayan Yadav Son of late Sundar Lal Yadav The Present Chief Executive Officer, P.S. Pune cantoment, P.S. Cantoment Residing presently at B. NO. 5, Alexandra Road, Pune Cantoment, Maharashtra- 411 001.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary,deptt. Of Home, Bihar and Ors

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The Director General of Police, Bihar at Patna.

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The Deputy Inspector General of Police, Purnia Range Purnia.

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The Superintendent of Police, Purnia.

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Mr. Nishant Kumar Tiwary Son of not known The present Superintendent of Police, Purnia.

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Mr. Raj Kumar Sah Son of not known The Present Deputy Sub Divisional Police OfficerSardar, Purnia.

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The S.H.O. , Purnia Sadar P.S. District- Purnia.

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The Investigating Officer, Purnia, P.S. case 393/16

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Mr. Anil Kumar Son of not known the then Anchal Adhikari Purnia, Resident of Mohalla Shivpuri, P.O, P.S. and District- Purnia.

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Mr. Pawan Kumar Poddar Son of Gopal Poddar Resident of MohallaRambagh, P.S. Purnia, District- Purnia.

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Mr. Ramprasad Singh S/o late Bhuvaneshwar Singh R/o S.N.Y.College Road, Rambagh, P.S. and District- Purnia.

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Mr. Bhupendra Prasad Yadav Son of not known R/o S.N.Y.College Road, Rambagh, P.S. and District- Purnia.

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... ... Respondent/s

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

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with

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Criminal Writ Jurisdiction Case No. 858 of 2017

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Arising Out of PS. Case No.-445 Year-2015 Thana- PURNEA SADAR District- Purnia

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

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Smt. Jugnu Devi wife of DR. Dirgha Narayan Yadav, present resident of B. No.5, Alexandra Road, P.O. and P.S.- Pune Cantonment, Maharashtra410001.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary, Home, Bihar and Ors

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The Director General of Police, Bihar at Patna.

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The Deputy Inspector General of Police, Purnia Range Purnia.

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Patna High Court CR. WJC No.1340 of 2017(6) dt.19-04-2023 2/3

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The Superintendent of Police, Purnia.

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Mr. Nishikant Tiwary, son of not known,, The present Superintendent of Police, Purnia. null

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Mr. Raj Kumar Sah, son of not known, The present Deputy Sub Divisional Police Officer, Purnia.

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The S.H.O., Purnia, P.S., District- Purnia.

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The Investigating Officer, Purnia, P.S. Case 445/2015, District- Purnia.

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Mr. Anil Kumar, son of not known, The then Anchal Adhikari, Purnia East, Resident of Shivpuri, P.O., P.S. and District- Purnia.

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Mr. Pawan Kumar Poddar, son of Gopal Poddar, Resident of MohallaRambagh, P.S.- Purnia, District- Purnia.

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... ... Respondent/s

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

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with

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CRIMINAL MISCELLANEOUS No. 19198 of 2018

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Arising Out of PS. Case No.-299 Year-2017 Thana- PURNEA SADAR District- Purnia

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

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Dr. Dirgha Narayan Yadav Son of Late Sundar Lal Yadav, The Chief Executiev Officer, Pune Cantonment Board, Present resident of B. No.5, Alexandra Road, Pune Cantonment, Maharashtra- 410001.

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors

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Mr. Ram Prasad Singh, Son of Late Bhuwaneshwari Singh, Resident of College Mohalla, Rambagh, P.S. and District- Purnia.

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Mr. Nishant Kumar Tiwary, Son of Not known, The present Superintendent of Police, Purnia.

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... ... Opposite Party/s ====================================================== Appearance : (In Criminal Writ Jurisdiction Case No. 1340 of 2017) For the Petitioner/s : Mr.Amarendra Nath Verma For the Respondent/s : Mr.S.S.Prasadsc8 (In Criminal Writ Jurisdiction Case No. 858 of 2017) For the Petitioner/s : Mr.Amarendra Nath Verma For the Respondent/s : Mr.Partha Sarthi Ga4 (In CRIMINAL MISCELLANEOUS No. 19198 of 2018) For the Petitioner/s : Mr.Amarendra Nath Verma For the Opposite Party/s : Mr.Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

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ORAL ORDER

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Heard learned counsel for petitioner and learned

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6 19-04-2023

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Patna High Court CR. WJC No.1340 of 2017(6) dt.19-04-2023 3/3

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Additional Public Prosecutor.

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Learned counsel for the petitioner submits that on instruction, final form has been submitted and it has been accepted by the Court below for exonerating the petitioners.

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The Officer-Incharge of Sadar Police Station is directed that he will not register any FIR filed against the petitioner and his family members without initiating a preliminary enquiry as the petitioner and his family members are staying in Patna and they are being regularly being made accused in false cases because they are trying to save the property of the Math.

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Similary, the Chief Judicial Magistrate, Purnea will not take cognizance without proper enquiry against the petitioner and his family members in-case false and fabricated case is filed against the petitioner and his family members for the dispute of the Math property.

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Let a copy of the order be communicated to the District Judge, Purnea and the Superintendent of Police, Purnea.

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(Sandeep Kumar, J)

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Sunnykr/-

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U T

Dr. Dirgha Narayan Yadav v. The State Of Bihar Through The Principal Secretary,deptt. Of Home, Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Dr. Dirgha Narayan Yadav v. The State Of Bihar Through The Principal Secretary,deptt. Of Home, Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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