Patna High Court
RAMSHRAN MAHTOversusThe State of Bihar through the Additional Chief Secretary, Home Deptt., Govt. of Bihar Patna.
- Decided
- Disposal
- WITHDRAWN
- Bench
- JITENDRA KUMAR
Holding
The petition is dismissed as withdrawn because the petitioner’s claim of non‑submission of the charge sheet is unsubstantiated and amounts to perjury.
Summary
The petitioner, Ramshran Mahto, filed a writ petition seeking the arrest of accused persons and the filing of a charge sheet in FIR No. 485 of 2020, which alleged offences under Sections 341, 323, 427, 354, 379 read with Section 34 of the Indian Penal Code. The State authorities countered that a charge sheet (No. 1035 of 2020) had already been filed and submitted copies to the court, while the petitioner claimed that no charge sheet had been produced and that the magistrate had confirmed its absence. The court examined the affidavits and found that the petitioner’s assertion was unsupported and amounted to a false statement, potentially constituting perjury. The petitioner’s counsel apologized, attributing the mistake to ignorance, and requested permission to withdraw the petition. The court granted permission to withdraw, dismissed the petition, and allowed the petitioner to verify the existence of the charge sheet and take action if it were indeed missing.
Issues considered
- The petitioner’s claim that no charge sheet had been filed despite the State’s assertion to the contrary
- Whether the petitioner’s false statement amounts to perjury
- Whether the writ petition should be dismissed or allowed to proceed
Legislation cited
- Indian Penal Code — s. 323, 34, 341, 354, 379, 427
Subjects
- perjury
- charge sheet
- criminal procedure
- writ petition
- High Court
- IPC offences
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.896 of 2022
Arising Out of PS. Case No.-485 Year-2020 Thana- BARACHATTI District- Gaya
======================================================
Ramshran Mahto, Son of late Ganauri Mahto, Resident of Village -
Barachatti, P.O. and P.S.- Barachatti, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Home Deptt.,
Govt. of Bihar Patna.
2. The Director General of Police, Govt. of Bihar, Patna.
3. The Distt. Magistrate Cum District officer, Gaya.
4. The Senior Superintendent of Police, Gaya.
5. The Deputy Superintendent of Police, Sherghati, Distt. Gaya.
6. The S.H.O. Barachatti P.S., Distt.- Gaya.
7. Raghunandan Mahto, Son of Kameshwar Mahto, Resident of Village -
Dhanachak, P.O.- Sarwa, P.S.- Barachatti, Distt.- Gaya,
8. Surendra Prasad, Son of Kameshwar Mahto, Resident of Village -
Dhanachak, P.O.- Sarwa, P.S.- Barachatti, Distt.- Gaya.
9. Jitendra Mahto, Son of Kameshwar Mahto, Resident of Village - Dhanachak,
P.O.- Sarwa, P.S.- Barachatti, Distt.- Gaya, Bihar.
10. Usha Devi W/o Raghunandan Mahto Resident of Village - Dhanachak, P.O.-
Sarwa, P.s.- Barachatti, Distt.- Gaya,
11. Ravindra Mistri, Son of Late Budhan Mistri, Resident of Village -
Dhanachak, P.O.- Sarwa, P.S.- Barachatti, Distt.- Gaya, Bihar.
12. Malti Devi, W/o Vijay Dangi, Resident of Village - Chaudha Bela, P.S.-
Pathalgadha, Distt.- Chatra (Jharkhand).
13. Rajdeo Yadav, Son of Late Chedi Yadav, Resident of Village - Baradih, P.O.-
Barachatti, P.S.- Barachatti, Distt.- Gaya, Bihar.
14. Karu Yadav @ Virendra Yadav, Son of Rajdeo Yadav, Resident of Village -
Baradih, P.O.- Barachatti, P.S.- Barachatti, Distt.- Gaya, Bihar.
15. Ranjan Raj, Son of Rajdeo Yadav, Presently Posted at Air Force Station
Silliguri, West Bengal PIN 734010 Resident of Village - Baradih, P.O.-
Barachatti, P.S.- Barachatti, Distt.- Gaya, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate.
For the Respondent/s : Mr. Dhurendra Kumar, AC to GP-5
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
Patna High Court CR. WJC No.896 of 2022(8) dt.23-03-2026
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8 23-03-2026 The present writ petition has been preferred by the
petitioner for arresting the accused and submitting charge sheet
against the accused persons of Barachatti P.S. Case No. 485 of
2020 registered on 11.08.2020 for the offences punishable under
Sections 341, 323, 427, 354, 379 read with Section 34 of the
Indian Penal Code lodged on written complaint of the petitioner.
2. By way of reply the respondent authorities have
filed counter affidavit and supplementary counter affidavit
showing that in the said FIR, after investigation, charge sheet
bearing No. 1035 of 2020 dated 31.12.2020 has been filed
against the accused persons namely, Raghunandan Mahto,
Surendra Mahto, Jitendra Mahto, Malti Devi, Usha Devi,
Ramendra Mistry, Ranjan Raj, Rajedeo Yadav and Karoo Yadav
@ Birendra Yadav.
3. However, in reply to the counter affidavit filed by
the State officials, the petitioner has filed reply by way of
affidavit submitting that charge sheet has not been submitted
because he had applied for certified copy of the charge sheet
but, as per learned court below, no charge sheet has been
submitted.
4. I heard learned counsel for the petitioner and
learned AC to GP5 for the State.
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5. Learned counsel for the petitioner still submits that
the charge sheet has not been submitted whereas learned State
counsel vehemently submits that the charge sheet has been
submitted. Even details of the charge sheet has been given in the
counter affidavit and supplementary counter affidavit and he
still stands by his statement, because the counter affidavit has
been filed by the Police Officer of DSP rank and even copy of
charge sheet has been filed on record. He further submits that
certified copy of the charge sheet is not supplied to the accused
or anybody because it is not a public document and not
exhibited during trial and that is why the petitioner may not
have got the same and the statement of the petitioner that as per
learned Magistrate no charge sheet has been submitted, is
without any documentary basis. His copy of the application for
certified copy has been brought on record but that application
nowhere shows that his application has been rejected because
charge sheet has not been submitted. This is self imagination of
the petitioner and false statement on his part that as per
Magistrate, no charge sheet has been submitted whereas the fact
is that there is no such statement made by learned court below
while rejecting the application of the petitioner for certified
copy. It is possible that application for certified copy of the
Patna High Court CR. WJC No.896 of 2022(8) dt.23-03-2026
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charge sheet has been rejected because no certified copy of the
charge sheet can be provided to anybody.
6. Hence, petitioner is liable for perjury. He has lied to
the court. There is irresponsible statement by the petitioner in
the affidavit that as per learned Magistrate, no charge sheet has
been submitted, whereas there is no such statement of the
learned Magistrate. Hence, he may be proceeded for perjury.
7. At this stage, learned counsel for the petitioner
tenders unconditional apology on behalf of the petitioner,
submitting that on account of ignorance, the petitioner could not
understand the reason behind his non-getting a certified copy. It
is possible that on account of legal bar to provide certified copy
of the charge sheet, the petitioner could not have got the
certified copy, though, the charge sheet might be on record.
8. Hence, learned counsel for the petitioner is seeking
permission to withdraw the present petition with liberty to
verify it by inspecting the file of learned court below and in
case, it is found that the charge sheet has not been submitted, he
can take proper steps against the concerned DSP who has given
the counter affidavit.
9. Permission is accorded.
10. Accordingly, the present petition is dismissed as
Patna High Court CR. WJC No.896 of 2022(8) dt.23-03-2026
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withdrawn with liberty to the petitioner to do the needful in case
it is found that there is no charge sheet submitted as per the
DSP.
(Jitendra Kumar, J)
S.Ali/-
U
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