IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.175 of 2020

Arising Out of PS. Case No.-799 Year-2019 Thana- BHAGALPUR KOTWALI District-

Bhagalpur

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Vinoy Kumar Singh Son of Ramanand Singh Resident of Village - Amba,

P.S.- Sahkund, District – Bhagalpur ... ... Petitioner

Versus

1.

The State of Bihar The Principal Secretary, Home Department, Government

of Bihar, Patna Bihar

2.

The Superintendent of Police, Bhagalpur, Bihar Bihar

3.

The Station House Officer, Bhagalpur Kotwali (Jogsar) Police Station,

Bhagalpur, Bihar Bihar

4.

The Investigating Officer, Bhagalpur Kotwali (Jogsar) Police Station,

Bhagalpur, Bihar Bihar

5.

Ajay Kumar Son of Ramanand Singh Resident of Village - Amba, P.S.-

Sahkund, District - Bhagalpur, presently residing at 1709, 249th PL SE

Sammamish Washington (WA) PIN - 98075, United States of America

... ... Respondents

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Appearance :

For the Petitioner

:

Mr.Parijat Saurav, Advocate

For the State

:

Mr.Sanjay Kumar, AC to SC 8

For respondent no.5 Mr. Ranjan Kumar Sinha, Advocate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

ORAL ORDER

6

28-02-2023

Heard learned counsel for the parties.

Instant writ petition has been filed for quashing

Bhagalpur Kotwali (Jogsar) Police Station Case No. 799 of

2019 instituted for offence punishable under sections 447, 341,

323, 384, 506 and 379 of the Indian Penal Code as well as for

staying further proceeding going on in this case.

It is alleged in the FIR that when the informant

returned from USA and reached his flats, namely, 404 & 405 in

Rajlaxmi Apartment, Bhgalpur, he found that his elder brother

Patna High Court CR. WJC No.175 of 2020(6) dt.28-02-2023

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Vinoy Kumar Sigh (the petitioner herein) had broken open the

locks of both flats and had stolen his belongings and on enquiry

he demanded extortion money of Rs.2 crores with threatening of

dire consequences.

It is submitted by learned counsel appearing for the

petitioner that from bare perusal of the FIR, no case is made out

against the petitioner under the aforesaid sections of the Penal

Code. He submits that the matter is out and out a private

property dispute of civil nature. However, in order to settle

scores, younger brother (informant) has lodged a false and

concocted case against his elder brother (the petitioner). He

further submits that even if the entire allegation is taken to be

true that the petitioner illegally occupied flats of the informant,

the latter had the legal recourse of filing eviction suit in place

of lodging FIR. In support of the submissions, learned counsel

has relied on decisions of the Supreme Court reported in AIR

1983 SC 159 (Smt. Kanwal Sood Vs. Nawal Kishore and

another) and 2023 SCC Online SC 90 (Usha Chakraborty

and another Vs. State of West Bengal and another).

Learned counsel representing the State and the

respondent no.5 (the informant) opposed the prayer of the

petitioner. It is submitted that there is direct and specific

Patna High Court CR. WJC No.175 of 2020(6) dt.28-02-2023

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allegation against the petitioner that he broke open doors of the

informant’s flats, took away belongings and on enquiry he

demanded extortion money of Rs.2 crores. He also threatened

the informant of dire consequences. Referring to counter

affidavit filed by respondent no.2, it is submitted that the

informant in his re-statement, contained in paragraph 2 of the

case diary, has supported allegation of theft of household

articles of his flats committed by the petitioner. Even father of

the petitioner Ramanand Singh, who also happens to be father

of the informant, in his statement, contained in paragraph 62 of

the case diary, ha