PATNA HIGH COURT
DR. SITARAM SHARMA @ DR. SITARAM MISTRI – Appellant
Versus
The State of Bihar – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
The present writ petition has been preferred by the petitioners seeking writ of mandamus directing the respondent authorities to initiate departmental proceeding against the police officials and Judicial Magistrate. The petitioners are also seeking initiation of contempt proceeding against the police officials.
2. The factual background of the case is that one police case bearing Amarpur P.S. Case No. 284 of 2021 was lodged on 13.06.2021 for offence punishable under Sections 341, 323, 504 read with Section 34 of the Indian Penal Code on the report of Smt. Shalini Sharma/ Respondent No.11, who is wife of petitioner No.2/Rajiv Kumar. It further transpires that vide order dated 22.06.2021 learned Chief Judicial Magistrate issued show cause to the concerned Investigating Officer why Section 498A of I.P.C. was not applied in the said F.I.R. despite sufficient allegation in the F.I.R. by the informant. Subsequently on 22.06.2021 petitioner No.2/Rajiv Kumar was arrested and thereafter, on 23.06.2021 Section 498A of IPC was added by learned Chief Judicial Magistrate on application of the police and after investigation, charge-sheet has been submitted on 08.08.202
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.