IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.539 of 2024 Arising Out of PS. Case No.-454 Year-2013 Thana- LAKHISARAI District- Lakhisarai ======================================================

1. Gopal Kumar Goyal S/o Chhabi Nath Sah R/o vill - Purani Bazar, Loharpatti, Lakhisarai, P.S. and Distt. - Lakhisarai

2. Ganesh Prasad S/o Late Laxmi Narayan Prasad Resident at Laxmi Complex, near Bhu Kailash Temple, Surrajgarh, P.s. - Surajgarha, Distt. - Lakhisarai

3. Pawan Kumar S/o Parmanand Gupta Resident at Purani Bazar, Near Block Lakhisarai, P.s and Distt. - Lakhisarai

4. Vikash Kumar @ Ravi Raj S/o Binay Shankar Gupta @ Binay Sao R/o vill -

Nista, P.S. - Surajgarha, Distt. - Lakhisarai ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Home Department, Government of Bihar, Patna

2. The Director General of Police, Bihar, Patna

3. The District Magistrate, Lakhisarai

4. The Superintendent of Police, Lakhisarai

5. The Sub-Divisional Police Officer-cum-Investigating Officer, Lakhisarai

6. The Station House Officer (SHO), Lakhisarai P.S.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Manohar Prasad Singh, Advocate Ms. Kumari Kalpana Mishra, Advocate For the Respondent/s : Mr.Sarvesh Kumar Singh, A.A.G. 13 Mr. Anjaneya Singh, AC to AAG-13 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

7 11-03-2026 Heard learned counsel for the petitioners and learned AAG-13 for the State of Bihar.

2. The present writ application has been preferred seeking the following reliefs:-

(I) For issuance of appropriate writ in the nature of CERTIORARI to quash the order dated 18.10.2023 (Annexure-P/9) passed by the Addl. District and Sessions Judge-II, Lakhisarai in Sessions Trial No. 236/2023 by which he has framed charges against the petitioners and other for the offence u/s 420/34, 467/34, 468/34, 471/34, 120B IPC and 17, 18, 18 (C), 21, 38,40 of the Unlawful Activities Prevention Act (U.A.P.A) and proceeded for evidence on the basis of order taking cognizance of the offence by the learned District and Sessions Judge, Lakhisarai, on 24.11.2014 (Annexure-P/4) against the settled principle of law laid down by a Full Bench of this Hon'ble Court by an order dated 27.03.2015 (Annexure-P/5) in Cr. App. (F.B.) 149 of 2015 Bahadur Kora Versus The State of Bihar.

(II) Further to issue an appropriate writ by quashing the erroneous order taking cognizance dated 24.11.2014 (Annexure- P/4) passed by the learned Court below for the offence u/s 420, 467, 471, 120B of the IPC and 17,18,18(c), 21, 38, 40 of the U.A.P. Act without taking any step of special Act of Schedule cases, against the principle laid down by a Full Bench of this Hon'ble Court, by an order dated 27.03.2015 passed in Cr.App. (F.B.) No.149 of 2015 (Annexure-P/5) having no Jurisdiction rather invalid and unlawful. and proceeded for trial after framing Chages by an order dated 18.10.2023 (Annexure-P/9) u/s 420/34; 467/34; 468/34; 471/34, 120B of the IPC and 17,18,18B,21,38,40 of the U.A.P. Act, 1967 against the petitioners and others, (III) For issuance of an appropriate writ in the nature of MANDAMUS to command the learned Judicial Officer, Civil Courts Lakhisari to not to go beyond the settled principle of law decided by the Higher Courts and to pass the orders in accordance with law, (IV) Further for issuance of an appropriate writ by commanding the Respondent authorities to do their duties in accordance with law which has not followed in the instant case and submitted charge sheet No.11/2014 dated 03.02.2014 (Annexure- P/2) with vitiated investigation against the petitioners upon which Cognizance of the offences u/s 420,467,468,471,120B of the IPC and 17, 18, 18B, 21, 38, 40 of UAP Act had taken earlier and the same has already