Akta Singh and Ors. v. The State Of Bihar and Ors.

Patna HC16 Feb 2024CR. WJC/1950/2017

Case brief

AI extract

What is this about?

FIR quashing writ dismissed as infructuous — Sasaram Mahila P.S. Case No. 49/2017 (Rohtas), Sections 420, 506/34 IPC and Sections 3/4 Dowry Prohibition Act; charge-sheet no. 91 of 2017 dated 31.01.2017 against Vivek Kumar, Vijay Singh and Leela Devi; certiorari and Mandamus prayers; Patna High Court CR. WJC No. 1950 of 2017; coram Bibek Chaudhuri, J.; decided 16-02-2024; no ruling on merits of allegations.

What did the court decide?

Since investigation has culminated in the submission of charge-sheet no. 91 of 2017 against three of the petitioners, the writ petition seeking quashing of the FIR has become infructuous and is dismissed. ¶38-40

Akta Singh and Ors. Vs The State Of Bihar and Ors. — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1950 of 2017

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Arising Out of PS. Case No.-49 Year-2017 Thana- MAHILA P.S. District- Rohtas

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Akta Singh and Ors Wife of Vikash Kumar Ranjan,

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Vikash Kumar Ranjan, Son of Vijay Kumar Sinha,

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Leela Kumari, Wife of Vijay Kumar Sinha,

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Vijay Kumar Sinha, Son of Late Ram Nandan Singh, All are resident of Village/Mohalla- Chittaur Nagar, Police Station- Aurangabad Sadar, DistrictAurangabad.

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Dukh Bhanjan Prasad Singh @ Dukh Bhanjan Singh, Son of Late Navrang Singh,

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Adhikari Devi, Wife of Dukh Bhanjan Prasad Singh, Both residents of Palakiya, Police Station- Madanpur, District- Aurangabad.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Director General of Police, Bihar, Patna.

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The Inspector General of Police, Bihar, Patna.

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The Deputy Inspector General of Police, Sahabad Range, Rohtas at Sasaram.

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The District Magistrate, Rohtas at Sasaram.

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The Superintendent of Police, Rohtas at Sasaram.

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The Sub-Divisional Police Officer, Dehri, Rohtas at Sasaram. null null

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The Station Head Officer of Mahila Thana, Rohtas at Sasaram.

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The Investigating Officer of the case Mahila Thana Rohtas at Sasaram.

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Kumari Rashmi Singh, S/o Madan Singh, R/o Maninagar Jakibigha, P.S.Dehri, District- Rohtas.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Respondent/s : Mr.Partha Sarthy, GA 4 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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4 16-02-2024

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The petitioners have filed the instant writ petition

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for the following reliefs:-

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i) For issuance of writ in the nature of certiorari or any other appropriate writ/writs for

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Patna High Court CR. WJC No.1950 of 2017(4) dt.16-02-2024 2/3

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quashing of FIR bearing Sasaram Mahila P.S. Case No. 49/2017 registered on 21.07.2017 for the alleged offences under section 420, 506/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, which is illegal, unwarranted and no offence at all is made out against the accused the Petitioners.

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ii) For issuance of writ in the nature of Mandamus directing the responsible respondent authority to restrain the respondent authorities from taking any coercive action against the Petitioners and to conduct the investigation in a fair and partial manner in accordance with provisions of code of Criminal Procedure and their after submit the Final Form in favour of the innocent the Petitioners.

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iii) For issuance of any other order or orders which your Lordships may deem fit and proper in the facts and circumstances of the case.

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The writ petition is placed “For Admission”. It

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appears from the principal relief prayed for by the petitioners that the petitioners wanted FIR bearing Sasaram Mahila P.S. Case No. 49 of 2017 registered on 21.07.2017 for the offence under Sections 420, 506 and 34 of the IPC and Sections 3/4 of the Dowry Prohibition Act, may be quashed. However, on culmination of investigation, Police submitted charge-sheet no. 91 of 2017 dated 31^st of January, 2017 under Sections 420, 506 and 34 of the IPC and 3/4 of the Dowry Prohibition Act against three petitioners, namely, Vivek Kumar, Vijay Singh and Leela Devi.

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Patna High Court CR. WJC No.1950 of 2017(4) dt.16-02-2024 3/3

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