Sujit Kumar Singh vs The State Of Bihar Through The Principal ... on 16 August, 2023

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Patna High Court - Orders

Sujit Kumar Singh vs The State Of Bihar Through The Principal ... on 16 August, 2023

Bench: Anshuman

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Writ Jurisdiction Case No.4 of 2023
                     Arising Out of PS. Case No.-18 Year-2022 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Sujit Kumar Singh

                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar through the Principal Secretary, Home Department
                 Government of Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Naresh Chandra Verma, Adv.
                 For the Respondent/s   :        Mr. Sheo Shankar Prasad, SC-8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-08-2023

Learned counsel for the petitioner and counsel for the State are present.

2. Counsel for the petitioner submits that the prayer made in the writ petition was for proper investigation and not for quashing the F.I.R., but the word quashing has come inadvertently in the first line of 4th paragraph of the order dated 05.04.2023. Therefore, counsel submits that it may be corrected accordingly.

3. After perusal of the relief made in the prayer portion, it transpires that the submission made by the petitioner is correct, therefore, in the first line of 4th paragraph of the order dated 05.04.2023, the word segment 'I am not inclined to quash the first information report' shall be omitted and after omission, the paragraph-4 shall be read as "In this view of the matter, Patna High Court CR. WJC No.4 of 2023(3) dt.16-08-2023 2/2 liberty is granted to the petitioner that he shall represent to the Superintendent of Police, Samastipur (respondent No.5) in the light of the order passed by the Co-ordinate Bench in Cr. W.J.C. No. 153 of 2017 (Surendra Singh Vs. the State of Bihar & Ors.) and analogous cases decided on 09.09.2022 within four weeks from today and the Superintendent of Police, Samastipur shall consider the representation and take appropriate action."

4. Accordingly, the order passed today shall be part and parcel of the order dated 05.04.2023.

5. The order dated 05.04.2023 is hereby modified.

(Dr. Anshuman, J.) prakashmani/-

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Patna High Court - Orders