Patna High Court - Orders
Saurav Kumar @ Vikky vs The Principal Secretary, Department Of ... on 18 September, 2023
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.456 of 2021
Arising Out of PS. Case No.-829 Year-2018 Thana- KANTI District- Muzaffarpur
======================================================
SAURAV KUMAR @ VIKKY Son of Pawan Kumar Singh Resident of
Village and P.O. - Barashankar, P.S. - Patahi, Distt. - East Champaran
... ... Petitioner/s
Versus
1. The Principal Secretary, Department of Home, Government of Bihar, Old
Secretariat, Patna, Bihar
2. The Secretary, Department of Home (Police), Government of Bihar, Old
Secretariat, Patna, Bihar
3. Director General of Police, Bihar
4. Inspector General of Police, Tirhut Range, Muzaffarpur
5. The Deputy Inspector General of Police, Muzaffarpur
6. Senior Superintendent of Police, Muzaffarpur
7. Superintendent of Police, Muzaffarpur
8. The Dy. S.P. (West), Muzaffarpur
9. The Officer-in-charge, Police Station, Kanti
10. The Investigation Officer, FIR No. Kanti P.S. Case No. 829 of 2018 dated
30.12.2018, Kanti Police Station, Muzaffarpur,
11. Abhishek Kumar Son of Late Ajay Prasad Singh Resident of Village - Laskaripur, P.O. - Kalwadi, P.S. - Kanti, Distt. - Muzaffarpur ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Shantanu Kumar For the Respondent/s : Mr. Suman Kumar Jha AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10 18-09-2023 1. Learned counsel for the State submits that after investigation Police has filed Final Form exonerating the petitioner from all the charges and not sending him for trial.
2. Learned counsel for the petitioner submits that false case was initiated against the petitioner at the behest of the husband of the victim girl, who has not supported the Patna High Court CR. WJC No.456 of 2021(10) dt.18-09-2023 2/2 prosecution story in her statement recorded under Section 164 Cr.P.C. He next submits that Police ought to have initiated proceeding under Sections 182 & 211 of the Cr.P.C., but no such proceeding has been initiated against the informant of the case.
3. In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw this application with liberty to pursue the matter before the Police authority for initiation of Section 182 & 211 Cr.P.C. proceeding against the informant.
4. Permission is granted.
5. The application stands dismissed as withdrawn with the aforesaid liberty.
(Anil Kumar Sinha, J) praful/-
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