Disposed

Nitu Sahi alias Nitu Surendra Sahi v. The State of Bihar

Patna HC14 Dec 2023CWJC/8159/2023

Case brief

AI extract

What is this about?

High Court refused to decide a private dispute between petitioner and respondents, directing them to approach the Civil Court. It issued directions to police to conduct preliminary enquiries before registering FIRs in such cases, citing Lalita Kumari.

What did the court decide?

Liberty to approach Civil Court; direction to SHO to conduct preliminary enquiry before registering FIRs.

Nitu Sahi alias Nitu Surendra Sahi Vs The State… — Civil Procedure and Limitation | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8159 of 2023

¶2

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

¶3

Nitu Sahi alias Nitu Surendra Sahi Wife of Surendra Kumar Shahi alias Surendra Sahi, Resident of Village Sahila Eraji, P.S. Hathauri, DistrictMuzaffarpur.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary Revenue and land Reforms Department, Govt. of Bihar, Patna.

¶7

The Principal Secretary, Revenue and land Reforms Department, Govt. of Bihar, Patna.

¶8

The Collector, Muzaffarpur.

¶9

The D.C.L.R. (East), Muzaffarpur.

¶10

The C.O. Aurai, District- Muzaffarpur.

¶11

The S.S.P., Muzaffarpur.

¶12

The Dy. S.P. (East), Muzaffarpur.

¶13

The Officer-in-Charge, P.S. Hathauri District Muzaffarpur.

¶14

Laxmeshwar Prasad Shahi Son of Late Ram Prasad Shahi, Resident of Village Sahila Eraji, P.S. Hathauri, District- Muzaffarpur.

¶15

Bhuvaneshwar Prasad Shahi Son of Late Ram Prasad Shahi, Resident of Village Sahila Eraji, P.S. Hathauri, District- Muzaffarpur.

¶16

Kameshwar Prasad Shahi Son of Late Ram Prasad Shahi, Resident of Village Sahila Eraji, P.S. Hathauri, District- Muzaffarpur.

¶17

... ... Respondent/s

¶18

====================================================== Appearance : For the Petitioner/s : Mr.Rajan For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================

¶19

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

¶20

3 14-12-2023 Heard the parties.

¶21

This application has been filed on behalf of the petitioner seeking a direction to the respondents for providing protection to the life and property of the petitioner who is being harassed by the private respondents.

¶22

After hearing learned counsel for the petitioner, learned counsel for the State and the learned counsel for the private respondents, it appears that there is a private dispute between the petitioner and the private respondents which

¶23

Patna High Court CWJC No.8159 of 2023(3) dt.14-12-2023 2/2

¶24

cannot be decided by this Court and can only be decided by the Civil Court.

¶25

In these circumstances, the petitioner is given liberty to approach the Civil Court for redressal of his grievances. So far as the complaint of the petitioner is concerned that he is being harassed by the respondent Nos. 9 to 11, learned counsel for the State submits that there is an FIR registered by the petitioner.

¶26

In case, any complaint is made by the petitioner in future for harassment in any way then the SHO, Hathauri will make a preliminary enquiry before registering any case and if he finds any substance in the allegations of the petitioner then only the FIR shall be registered otherwise these kind of disputes will not always result in filing of series of FIRs.

¶27

This direction is being issued by this Court in the light of the Judgment of Hon'ble Supreme Court in the case of Lalita Kumari Vs. State of Uttar Pradesh (2014) 2 SCC 1.

¶28

With the aforesaid directions, this application stands disposed of.

¶29

Vikas/- U

¶30

(Sandeep Kumar, J)

Nitu Sahi alias Nitu Surendra Sahi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitu Sahi alias Nitu Surendra Sahi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Md. Rabban @ Md. Rabban Alam Vs the State of Bihar

Raju Kumar Vs the State of Bihar

Vivek Sharma Vs the State of Bihar

Rajani Kant Singh Vs The State of Bihar

Edwin Vs The State of Bihar

Rhythm Bhambri @ Rhytm Vs The State of Bihar