Surendra Singh Vs The State of Bihar, Through Principal Secretary, Home, Old Secretariat, Government of Bihar, Patna. — Patna HC (2025) — LawSathi Research

Surendra Singh Vs The State of Bihar, Through Principal Secretary, Home, Old Secretariat, Government of Bihar, Patna. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to withdraw the writ petition, with liberty to file appropriate proceedings before appropriate forums — including a fresh writ petition before the learned Single Judge of this Court — for proper investigation / transfer of investigation; the Court expressly clarified that the merits were not examined.

Issue for consideration

Relief contemplated by the (subsequently withdrawn) writ petition: pursuit of an appropriate proceeding before an appropriate forum — including a fresh writ petition before the learned Single Judge of this Court — for proper investigation / transfer of investigation connected with FIR PS Case No.-34 of Year-2024 (Phulwari Sharif PS, Patna). The Court expressly did not examine the merits.

Court's answer

Permission was granted to the petitioner to withdraw the writ petition so as to enable him to file appropriate proceedings before appropriate forums, including a fresh writ petition before the learned Single Judge of this Court, for proper investigation / transfer of investigation.

Ratio / Principle

The writ petition stands disposed of as withdrawn.

Key takeaways

The Court expressly clarified that it had not examined the merits of the petitioner's case; accordingly no substantive view on the investigation issue was taken.obiter¶¶25

Detailed headnote1 paragraphs

PATNA HIGH COURT — Criminal Writ Jurisdiction Case No.612 of 2024 (arising out of FIR PS Case No.-34 Year-2024, Phulwari Sharif PS, District Patna), oral order dated 04-02-2025. Bench: Vipul M. Pancholi and Alok Kumar Pandey JJ; order per Pancholi J. Petitioner Surendra Singh (Railway employee, Katihar Division) had approached the Court in connection with investigation of the said FIR. On the hearing date, his counsel sought leave to withdraw the petition in order to file appropriate proceedings before appropriate forums, including a fresh writ petition before the learned Single Judge of the High Court, for proper investigation / transfer of investigation. Leave was granted; the writ petition stands disposed of as withdrawn; the Court expressly clarified that it had not examined the merits of the petitioner's case. No statute, section or precedent case is cited anywhere in the order; no substantive finding on the investigation question exists. The decision is citable, if at all, only as an instance of a withdrawal-permitted-with-liberty-to-refile disposal in which merits were left untouched.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.612 of 2024

Arising Out of PS. Case No.-34 Year-2024 Thana- PHULWARISHARIF District- Patna

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

SURENDRA SINGH S/O LATE MUNSHI SINGH Resident of VillageRaghunathpur, P.S. Barsoi, District Katihar. A/P posted as F.C.D Technician-I, S.S.E. Electric Power, Barsoi, North East Frontier Railway, Katihar Division.

... ... Petitioner/s

Versus

The State of Bihar, Through Principal Secretary, Home, Old Secretariat, Government of Bihar, Patna. Bihar

The Senior Superintendent of Police, Bihar, Patna. Bihar

The Senior Superintendent of Police, Bihar, Patna Bihar

The City Superintendent of Police, West Bihar, Patna. Bihar

The Sub- Divisional Police Officer, Phulwari Sharif, Patna. Bihar

Additional Superintendent of Police, PhulwariSharif, Patna. Bihar

The Officer-Incharge of Phulwari Sharif, Police Station, Phulwari Sharif, Patna. Bihar

Jitesh Kumar S/O Sriram Singh R/O Nepali Nagar, P.S- Rajeev Nagar, PostAshiyana Nagar, Distt.- Patna, Pin - 800025.

Ravi Thakur @ Ranjeet Thakur @ Bittu S/O Sri Brijnandan Thakur @ Sadhu Thakur R/O Village- Rahda, P.S- Dhanarua Distt.- Patna. 804451.

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Prakash Verma, Advocate For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG For the Respondent No. 9 : Mr. Shubhash Patel, Advocate Mr. Rahul Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI and

HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

(Per: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

17 04-02-2025 Learned counsel for the petitioner seeks permission

to withdraw this petition with a view to file appropriate proceeding before appropriate forum including filing of writ petition before learned Single Judge of this Court for proper

Patna High Court CR. WJC No.612 of 2024(17) dt.04-02-2025 2/2

investigation/ for transfer of investigation.

Permission, as prayed for, is granted.

The writ petition stands disposed of as withdrawn.

It is clarified that we have not examined the merits

of the case of the petitioner.

(Vipul M. Pancholi, J)

(Alok Kumar Pandey, J)

Sachin/-

Amit/-

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