IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.531 of 2021

Arising Out of PS. Case No.- Year-0 Thana- District- Darbhanga

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1.

CHANDAN KUMAR MISHRA Son of Shobha Kant Mishra Resident of

Village and Post- Pali, P.S.- Ghanshyampur, District- Darbhanga.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Home, Govt. of Bihar,

Patna.

2.

The Director General of Police, Bihar, Patna.

3.

The Inspector General of Police, Darbhanga.

4.

The Deputy Inspector General of Police, Darbhanga.

5.

The Senior Superintendent of Police, Darbhanga.

6.

The Officer In-charge-cum-S.H.O., Ghanshyampur Police Station, District-

Darbhanga. … … Respondent 1^st Set

7.

Siyaram Thakur Son of Late Rajnandan Thakur Resident of Village- Harpur

Ladur, P.S.- Singhwara, District- Darbhanga.

8.

Md. Sahdulla Son of Late Abdul Kasim Resident of Village- Ganaun, P.S.-

Ghanshyampur, District- Darbhanga.

9.

Md. Chand Son of Md. Idrish Resident of Village- Ganaun, P.S.-

Ghanshyampur, District- Darbhanga.

10.

Prem Chandra Prasad Son of Mahendra Chandra Prasad Resident of

Mohalla- Awanda (Near REO Office Darbhanga-01), P.S.- Laheriya Sarai,

District- Darbhanga. .. … Respondent 2^nd Set

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr.Pankaj Kumar Jha, Advocate

For the Respondent/s

:

Mr. Ajay Kumar Sharma, AC to AG

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

19-09-2022

Learned counsel for the petitioner shall remove all the

defects as pointed out by the Stamp Reporter within three weeks

from today.

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner in the present case is seeking following

Patna High Court CR. WJC No.531 of 2021(2) dt.19-09-2022

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reliefs:-

“(i) To issue an appropriate writ, order or

direction commanding the respondents to

institute a high level enquiry by a

specialized agency to enquire into the

cheating, fraud and misappropriation of

money of petitioner by way of criminal

breach of trust by the respondents 2^nd set

by using great deal of Criminal conspiracy,

forgery and fraud.

(ii) To issue further appropriate writ, order

or direction commanding the respondents

to take all punitive legal action as well as

an application dated 18.05.2020 filed by

the petitioner before the Respondent No. 6

to lodge the F.I.R. against the Respondent

2^nd Set within a time frame against the

wrong doers on the basis of outcome of

such enquiry and take appropriate legal

steps for the recovery of amount of the

petitioner.

(iii) To issue further appropriate writ, order

or direction commanding the respondents

to provide proper security to the petitioner,

his family and with witnesses at the hands

of respondents 2^nd set.

(iv) This Hon’ble Court may adjudicate

and hold that the action of respondent 2^nd

set is an act of great deal of forgery and

fraud and high level design to cheat the

Patna High Court CR. WJC No.531 of 2021(2) dt.19-09-2022

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innocent person like the petitioner which

needs a high level enquiry by a specialized

agency in order to prevent further cheating

and fraud by them to other innocent

persons.

(v) This Hon’ble Court may further

adjudicate and hold that it is a duty of

respondent authority to provide due

protection to the life and property of the

petitioner.

(vi) To award cost of litigation and suitable

compensation to the petitioner for the loss

and damages caused to him due to the

nefarious activities of the respondent 2^nd

set.

(vii) To award any other relief or reliefs for

which the petitioners are found entitled in

the fact circumstance of the case.”

On perusal of the wri