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Patna High Court

RAMSHRAN MAHTOversusThe State of Bihar through the Additional Chief Secretary, Home Deptt., Govt. of Bihar Patna.

Decided
Disposal
WITHDRAWN

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The petition is dismissed as withdrawn because the petitioner’s claim of non‑submission of the charge sheet is unsubstantiated and amounts to perjury.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

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
                                                     2/5




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.
Patna High Court CR. WJC No.896 of 2022(8) dt.23-03-2026
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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
                                            4/5




          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
                                                      5/5




                    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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