Dismissed¶26

Sushma Devi v. the State of Bihar through the Principal Secretary, Home Police Deptt., Govt. of Bihar, Patna

Patna HC9 Sept 2025CR. WJC/869/2021

Case brief

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What is this about?

Patna HC CR. WJC No.869 of 2021, decided 09-09-2025 by Justice Jitendra Kumar - writ petition alleging forcible ouster from a house at Kasim Colony, Patna City and police failure to assist; held 'not maintainable'; petitioner directed to civil suit under special relief act, Section 145 Cr.PC, and the Civil Court where respondent No.10's title suit T.S. No. 127 of 2024 (Sub-Judge-I, Patna City) is pending; petition dismissed as not maintainable with liberty to pursue legal remedy as per law; arises out of PS Case No.-48 Year-2021, Sultanganj PS, Patna.

What did the court decide?

Liberty to the petitioner to take legal remedy, as per law. ¶26

Sushma Devi Vs the State of Bihar through the Principal Secretary, Home Police Deptt., Govt. of Bihar, Patna — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.869 of 2021

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Arising Out of PS. Case No.-48 Year-2021 Thana- SULTANGANJ District- Patna

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

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Sushma Devi W/O Md. Shahid Alam, Resident Of Rai Ji Ki Gali, Ashray Kaithma Apartment, Flat No. 43, Boring Canal Road, P.S.-BUDHA Colony, District-Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Principal Secretary, Home Police Deptt., Govt. Of Bihar, Patna Patna.

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The Director General Of Police, Bihar, Patna. Patna.

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The Inspector General Of Police, Patna Zone, Bihar Bihar

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The Deputy Inspector General Of Police, Patna Range, Bihar. Patna.

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The Senior Superintendent Of Police, Patna. Patna.

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The Superintendent Of Police, Patna City, Patna. Patna.

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The Deputy Superintendent Of Police, Patna City, Patna. Patna.

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The Station House Officer, Sultanganj P.S, Patna. Patna.

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Husne Ara Begum W/O Md. Shamsher Alam @ Sheru R/O Mohalla-Kasim Colony, P.S.-SULTANGANJ, District-Patna.

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Md. Shamsher Alam @ Sheru S/O Late Md. Naseruddin R/O MohallaKasim Colony, P.S.-SULTANGANJ, District-Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jai Kishore Sharma, Advocate For the State : Mr. Sheo Shankar Prasad, SC-8 For the Respondent : Md. Fazal Rahman, Advocate Md. Anisur Rahman, Advocate Md. Ehsan Ur Rahman, Advocate Md. Nooreen Rahman, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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7 09-09-2025 Present criminal writ petition has been preferred by

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the petitioner claiming that he has been forcibly ousted from possession of the house in question situated at Village-Kasim Colony, Patna City and the police did not come to the help of the petitioner despite her efforts and now the trespassers, who is

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Patna High Court CR. WJC No.869 of 2021(7) dt.09-09-2025 2/2

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respondent No.10 herein, is claiming to be the owner of the subject house and he has also filed a civil suit bearing T.S. No. 127 of 2024 pending in the Court of Sub-Judge-I, Patna City.

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Apparently the present writ petition is not maintainable. The petitioner should have immediately preferred civil suit under special relief act or she should have taken remedy under Section 145 Cr.PC for restoring her possession of her house, but no such step has been taken by the petitioner and now title suit has been already filed by the private respondent No.10 who has allegedly ousted the petitioner from possession of the subject house.

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Hence, all the remedy of the petitioner lies with Civil Court where said title suit between respondent No.10 and the petitioner is going on. So, the petitioner can seek her relief from the court concerned.

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Hence, present petition is dismissed as not maintainable with liberty to the petitioner to take legal remedy, as per law.

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(Jitendra Kumar, J.)

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ravishankar/-

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U T

Sushma Devi v. the State of Bihar through the Principal Secretary, Home Police Deptt., Govt. of Bihar, Patna

Case brief

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Sushma Devi v. the State of Bihar through the Principal Secretary, Home Police Deptt., Govt. of Bihar, Patna

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