Disposed

Zafar Mohsin @ Raju v. The State of Bihar through the Additional Chief Secretary, Department of Home, Bihar, Patna

Patna HC17 Feb 2024CR. WJC/421/2023

Case brief

AI extract

What is this about?

Petitioners accused in an FIR for extortion and criminal intimidation sought liberty to place documents before police showing they were in Patna on the date of occurrence. The High Court disposed of the writ petition directing them to submit documents to the Superintendent of Police, Bettiah, who must consider them personally and forward them to the investigating officer.

What did the court decide?

Liberty to produce documents before SP, Bettiah; SP to consider them and forward to IO.

Zafar Mohsin @ Raju Vs The State of Bihar through the… — Quashing and FIR | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.421 of 2023

¶2

Arising Out of PS. Case No.-987 Year-2022 Thana- MAJHAULIA District- West Champaran

¶3

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

¶4

ZAFAR MOHSIN @ RAJU Son of Late Mumtaz Ahmad R/o MohallaPathan Toli, Alamganj, Near Tripolia Hospital,P.S- Alamganj, Dist- Patna Bihar- 800007

¶5

Nikhat Jabeen Wife of Zafer Mohsin @ Raju R/o Mohalla- Pathan Toli, Alamganj, Near Tripolia Hospital,P.S- Alamganj, Dist- Patna Bihar- 800007

¶6

Fakhre Alam Son of Late Mohiuddin R/o Bhogadi, P.S- Majhaulia DistWest Champaran

¶7

Robert Cherobin Son of Cherobin @ cherobin Rifle R/o Christian quarters P.s- Bettiah Town, Dist- West champaran

¶8

... ... Petitioner/s

¶9

Versus

¶10

The State of Bihar through the Additional Chief Secretary, Department of Home, Bihar, Patna Bihar

¶11

The Director General of Police, Bihar, Patna Bihar

¶12

The Senior Superintendent of Police, Bihar, Patna Bihar

¶13

The S.H.O., Maujhaulia Police Station, Dist- West Champaran bihar

¶14

The Investigating Officer, Majhaulia Police Station Case No. 987/22, DistWest champaran Bihar

¶15

Khurshid Anwer, S/o Late Ghulam Rabbani, resident of Bhogadi, P.S. Majhaulia, District- West Champaran. Presently resident of MohallaDargah, Ward No. 22 (New Ward No. 16) P.S.- Bettiah Town, District- West Champaran

¶16

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Adv., Mr. Reyaj, Adv., Md. Tauqueer Azhar, Adv. For the State : Mr. Deepak Kumar, AC to GP-4

¶17

====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

¶18

ORAL ORDER

¶19

2 17-02-2024

¶20

Heard learned Advocate for the petitioners as well

¶21

as learned APP for the State.

¶22

The petitioners have been made accused in

¶23

Patna High Court CR. WJC No.421 of 2023(2) dt.17-02-2024 2/4

¶24

connection with Majhaulia P.S. Case No. 987 of 2022, dated 6^th December, 2022 (G.R. No. 5494 of 2022), for the offence punishable under Sections 420/406/384/323/341 of the I.P.C., on the basis of an F.I.R. submitted by one Khurshid Anwar.

¶25

The informant alleged that on 5^th October, 2022, petitioner nos. 1 and 3 went to the house of the informant demanded ransom of Rs. 15,00,000/- (Fifteen Lakh) and directed him to quit and deliver vacant possession of the subject land.

¶26

It is the case of the petitioners, on the other hand, that in Title Suit No. 87 of 2004, decree was passed against respondent no. 6 on 20^th July, 2010. The decree holder put the said decree into execution vide Execution Case No. 7 of 2010. In execution of decree the informant purchased the subject land, he has right, title and interest over the subject land. Moreover, it is pleaded by the petitioner nos. 1 and 2 that both of them running an S.B.I. Kiosk in the city of Patna. On the alleged date of occurrence, they were in Patna and there are series of documents to prove that on the date of occurrence and also on subsequent dates, they were in Patna and there was no occasion to visit Bettiah within the jurisdiction of Majhaulia Police Station, which is far away from Patna.

¶27

Patna High Court CR. WJC No.421 of 2023(2) dt.17-02-2024 3/4

¶28

It is submitted by the learned Advocate for the petitioners that the criminal writ petition may be disposed of directing the Superintendent of Police of District- Bettiah to permit the petitioners to produce the documents in support of their claim and the said documents may be brought in investigation for consideration of the actual incident.

¶29

The learned Advocate for the State submits that if, the instant writ petition is disposed of with the above direction, the State has no grievance.

¶30

In view of such submission, the instant writ petition is disposed of with the following directions:-

¶31

Since the investigation of the case is still pending, the writ petitioners are at liberty to produce appropriate documents before the Superintendent of Police, Bettiah, drawing his attention to the fact that petitioner nos. 1 and 2 had no occasion to go to Bettiah on the alleged date of occurrence. On receipt of such documents from the petitioners, the Superintendent of Police, Bettiah shall consider the said documents personally and also forward the same to the Investigating Officer to come to a decision as to whether the petitioners were involved in the alleged offence or not.

¶32

Patna High Court CR. WJC No.421 of 2023(2) dt.17-02-2024 4/4

¶33

With the above direction, the instant criminal writ

¶34

petition is disposed of.

¶35

(Bibek Chaudhuri, J)

¶36

pravinkumar/-

¶37

U T

Zafar Mohsin @ Raju v. The State of Bihar through the Additional Chief Secretary, Department of Home, Bihar, Patna

Case brief

What is this about?

What did the court decide?

Zafar Mohsin @ Raju v. The State of Bihar through the Additional Chief Secretary, Department of Home, Bihar, Patna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sheodayal Singh @Shivdyal Singh Vs the State of Bihar through the Principal Secretary, Home Dept. Govt. of Bihar, Patna

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

Rinku Ahmed Vs The State Of Bihar

Abinash Kumar Vs The State of Bihar

Pranav Shrivastava Vs The State of Bihar through the Principal Secretary, Home Department (Bihar)Bihar, Patna.

Santosh Kumar through the Senior Manager Punjab National Bank Vs State of Bihar