Patna High Court
GOMA KUMARI SHARMA (SADHVI)versusThe State of Bihar through the Principal Secretary Home Department of Patna, Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petition is disposed of; the Court directs the petitioner to submit the omitted documents to the Senior Superintendent of Police, who shall forward them to the investigating officer.
Summary
Petitioner Goma Kumari Sharma filed a writ petition seeking a direction to the police to register an FIR against private respondents for cheating her. The State contended that an FIR had already been lodged on 23 May 2024 under IPC sections 406, 420 and 34 against two of the private respondents, rendering the petition's relief infructuous. The petitioner argued that the documents annexed to her complaint were not considered and were removed from the FIR record. The Court observed that the primary grievance of FIR registration was satisfied and addressed the ancillary grievance by directing the petitioner to submit the omitted documents to the Senior Superintendent of Police, Bhagalpur, who must acknowledge receipt and forward them to the investigating officer. Accordingly, the writ petition was disposed of with the said directions.
Issues considered
- Whether the High Court should direct the police to register an FIR when an FIR has already been lodged.
- Whether the petitioner’s grievance regarding the non-consideration of annexed documents can be remedied through court directions.
Legislation cited
- Indian Penal Code — s. 34, 406, 420
Subjects
- Criminal Law
- FIR
- Cheating
- IPC
- Section 406
- Section 420
- Section 34
- Writ Petition
- High Court
- Procedural Direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1639 of 2023
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Goma Kumari Sharma (Sadhvi), D/o Deo Prakash Sharma, R/o village -
Parnami Mandir Road, Shri Krishna Parnami Mandir, Siliguri (M. Corp)
Darjeeling, West Bengal 734001
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Home Department of
Patna, Bihar
2. The Director General of Police, Patna Bihar
3. The Inspector - General of Police, Bhagalpur Bihar
4. The Deputy Inspector General of Police, Bhagalpur BIhar
5. Superintendent of Police, Bhagalpur Bihar
6. The Officer-in-Charge Chhati Khanjarpur, Bhagalpur, Bihar Bihar
7. Bhavana Kumari D/o Late Parmanand Verma R/o J.B. palace, Chhoti
Khanjarpur, P.S. - Kotwali, Agampur, Jogsar O.P, Distt. - Bhagalpur
8. Anamika Kumari D/o Late Parmanand Verma R/o J.B. palace, Chhoti
Khanjarpur, P.S. - Kotwali, Agampur, Jogsar O.P, Distt. - Bhagalpur
9. Welcom Kumari D/o Late Parmanand Verma R/o J.B. palace, Chhoti
Khanjarpur, P.S. - Kotwali, Agampur, Jogsar O.P, Distt. - Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suresh Prasad Sharma, Advocate
For the Respondent/s : Md. Harun Quareshi, AC to SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed by the
petitioner seeking direction to the concerned respondent to
institute an FIR against the private respondents, who have
capriciously cheated the money from the petitioner on a false
pretext.
Patna High Court CR. WJC No.1639 of 2023(2) dt.29-01-2026
2/3
3. The learned counsel appearing on behalf of the
State-respondents, at the outset, submits that pursuant to the
complaint of the petitioner, the FIR vide Jogsar P.S. Case No. 64
of 2024 has been registered on 23.05.2024 under Sections 406,
420 and 34 of the Indian Penal Code against the respondent nos.
7 & 8. Therefore, the matter has become infructuous as the relief
sought is only for institution of the FIR against the private
respondents.
4. The learned counsel for the petitioner, however,
submits that when the FIR was lodged, the documents annexed
with the complaint has not been taken into consideration and the
documents have rather been removed.
5. Since the grievance of the petitioner stands satisfied
to the extent of lodging of the FIR, for the other grievance
regarding the respondent authorities not accepting the
documents annexed with the complaint petition, the petitioner is
directed to furnish the documents to the office of Senior
Superintendent of Police, Bhagalpur within a month from today
and the Senior Superintendent of Police, Bhgalpur is directed to
receive the documents under due acknowledgment from the
petitioner and forward the same to the investigating officer of
the case.
Patna High Court CR. WJC No.1639 of 2023(2) dt.29-01-2026
3/3
6. With the aforesaid observations/directions, the
present writ petition stands disposed of.
(Arun Kumar Jha, J)
V.K.Pandey/-
U
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