Patna High Court – Orders
Dilip Prasad Singh vs The State Of Bihar Through The Principal … on 10 January, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.679 of 2023
Arising Out of PS. Case No.-103 Year-2022 Thana- NAYAGAON District- Saran
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1. Dilip Prasad Singh S/O Late Suresh Prasad Singh St. No. 87, Qrs. No. 15/D,
P.O. And P.S.-Chittranjan, District-Paschim Burdwan (West Bengal)
2. Nilam Singh Dilip Prasad Singh St. No.87, Qrs. No.15/D, P.O. And P.S.
Chittaranjan, District Paschim Burdwan (West Bengal)
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Home Department, Govt.
of Bihar, Patna Patna
2. The Director General Of Police, Bihar, Patna
3. The Deputy Inspector General Of Police, Saran At Chapra
4. The Superintendent Of Police, Saran At Chapra
5. The Deputy Superintendent Of Police, Sonpur, Saran At Chapra
6. The Officer-In-Charge, Nayagoan Police Station, Sonpur, Saran At Chapra
7. The Investigation Officer, Nayagaon P.S. Case No. 103/2022 Dated
06.06.2022
8. Sonu Chaudhary S/O Bhola Chaudhary Resident Of Village And P.S.-
Nayagaon, District-Saran
… … Respondent/s
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Appearance :
For the Petitioner/s : Mr. Samir Kumar, Adv.,
Mr. Saurabh Singh, Adv.
For the State : Mr. Suman Kumar Jha, AC to AAG-3
For Private Respondent : Mr. Rakesh Kumar Samrendra, Adv.
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER4 10-01-2025 The petitioners are the accused persons in
connection with Nayagaon P.S. Case No. 103 of 2022, dated 6th
June, 2022, under Sections 341/323/504/406/34 of the I.P.C.
and Sections 3(1) (r) (s) of the Prevention of Atrocities against
Scheduled Castes and Scheduled Tribes Act.
2. Vide an order dated 15th March, 2024, this Court
Patna High Court CR. WJC No.679 of 2023(4) dt.10-01-2025
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disposed of the writ petition, on the ground that upon
investigation, Police submitted Final Form No. 61 of 2023 on
31st March, 2023, on the ground of no evidence and the said
Final Report was accepted by the trial court.
3. Respondent no. 8, being the complainant, moved
the Hon’ble Supreme Court against the aforesaid order dated
15th March, 2024. The Hon’ble Supreme Court vide its order
dated 18th October, 2024 was pleased to set aside the impugned
order and restored Complaint Case No. 171 of 2023 with the
observation that the learned Additional Special Judge, SC/ST,
Saran at Chapra, Bihar shall proceed with the Complaint Case
No. 171 of 2023 in accordance with law and take the same to its
logical conclusion.
4. After the aforesaid order being placed before this
Court, the petitioners were directed to serve notice to respondent
no. 8. On receipt of notice, the respondent no. 8 has entered
appearance through his learned Advocate.
5. It is submitted by Mr. Rakesh Kumar Samrendra,
learned Advocate on behalf of respondent no.-8, that initially the
respondent no.-8 filed a complaint case against the petitioners,
alleging commission of offence under the I.P.C. and SC and ST
Act on 16th September, 2021. The said complaint case was
Patna High Court CR. WJC No.679 of 2023(4) dt.10-01-2025
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registered as Case No. 311/2021. Vide order dated 6th June, 2022
the complaint case was sent under Section 156(3) of the Cr.P.C.
to the jurisdictional Police Station with a direction to treat the
same as F.I.R. and to start investigation of the case. The Police
registered a specific case against the petitioners and finally on
31st March, 2023, Final Report was submitted in connection
with Nayagaon P.S. Case No. 103 of 2022.
6. Against the said Final Report, respondent no.-8
filed a Protest Petition, which was registered as Complaint Case
No. C-171 of 2023. The learned Magistrate accepted the Final
Report and also accepted the Protest Petition as a complaint case
and the said complaint case is in progress.
7. It is specifically directed by the Hon’ble Supreme
Court that the learned Trial Judge shall conclude the hearing of
the Complaint Case No. C-171 of 2023 and come to its logical
conclusion.
8. At this stage, the learned Advocate for the
petitioners submits that he is inclined to file an Interlocutory
Application to challenge registration of Complaint Case No. C-
171 of 2023.
9. The petitioners cannot be permitted to file such
application because of the specific order passed by the Hon’ble
Patna High Court CR. WJC No.679 of 2023(4) dt.10-01-2025
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Supreme Court, directing the trial court to dispose of the
Complaint Case No. C-171 of 2023 on merit after recording
evidence.
10. In view of such circumstances and when initially
F.I.R. submitted in Nayagaon P.S. Case No. 103 of 2022 was
accepted by the trial court, no further order is necessary in the
instant proceeding.
11. The learned Trial Judge shall comply with the
order passed by the Hon’ble Supreme Court in Cr. Appeal No.
4246 of 2024 in its true letter and spirit at the earliest.
12. With the aforesaid observation/direction, the
instant criminal writ petition stands disposed of.
(Bibek Chaudhuri, J)
pravinkumar/-
U T