Created by Fuzzy Cloud

Patna High Court

ALVIRA KHAN @ BABLIversusThe State of Bihar through the Additional Chief Secretary, Department of Health, Gov. of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as infructuous, with liberty granted to raise the alleged fabrication of evidence in the pending criminal miscellaneous petitions.

Summary

Three siblings, Alvira Khan and her brothers Md. Arish Khan and Md. Kamran Khan, who are accused in FIR No. 194 of 2022 for offences under Sections 341, 342, 323, 324, 307, 504 and 506/34 of the IPC, filed a writ petition seeking a proper investigation, alleging that the investigating officer fabricated evidence against them. The petitioners argued that under Article 21 of the Constitution, the right to a fair investigation and trial extends to the accused. The High Court noted that the investigation had already been completed, a charge‑sheet filed and cognizance taken, and that the petitioners had filed separate criminal miscellaneous petitions under Section 482 CrPC to quash the cognizance order. Consequently, the Court held that the writ petition had become infructuous because a judicial remedy was already available. The petition was dismissed as infructuous, but the Court granted the petitioners liberty to raise their grievance of fabricated evidence in the pending criminal miscellaneous proceedings.

Issues considered

  • Whether an accused can maintain a writ petition for proper investigation under Article 21 when other criminal remedies are pending.
  • Whether the writ petition becomes infructuous after cognizance has been taken and a charge‑sheet filed.

Legislation cited

Subjects

  • writ petition
  • criminal investigation
  • fair trial
  • fabricated evidence
  • Section 482 CrPC
  • infructuous
  • cognizance order
  • Article 21

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Criminal Writ Jurisdiction Case No.2077 of 2023
       Arising Out of PS. Case No.-194 Year-2022 Thana- SHASTRINAGAR District- Patna
     ======================================================
1.    Alvira Khan @ Babli, D/o Md. Rafique @ Rafique Khan @ Saanu Khan
      R/o Samanpura, Near Chaudhari Hotel, Raja Bazaar, P.O and P.S. - Shashtri
      Nagar, Distt. - Patna
2.   Md. Arish Khan @ Faizan @ Md. Faizan Khan, Son of Md. Rafique @
     Saanu Khan, R/o Samanpura, Near Chaudhari Hotel, Raja Bazaar, P.O. and
     P.S. - Shashtri Nagar, Distt. - Patna. Presently R/o Chirstian Medical
     Hospital, P.S. - North, Distt. - Vellore, State - Tamil Nadu
3.   Md. Kamran Khan @ Md. Amir Khan, Son of Md. Rafique @ Saanu Khan
     R/o Samanpura, Near Chaudhari Hotel, Raja Bazaar, P.O. and P.S. - Shashtri
     Nagar, Distt. - Patna. Presently R/o Chirstian Medical Hospital, P.S. - North,
     Distt. - Vellore, State - Tamil Nadu

                                                                    ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through the Additional Chief Secretary, Department of
     Health, Gov. of Bihar Bihar, Patna
2.   The Additional Chief Secretary, Department Of Health, Gov. Of Bihar, Patna
     Bihar
3.   The Secretary, Department Of Health, Gov. Of Bihar, Patna Bihar
4.   The Officer Of Special Duty, Dep. Of Health, Gov. Of Bihar, Patna Bihar
5.   The Superintendent, Patna Medical College And Hospital, P.S. - Pirbahore,
     Distt - Patna Bihar
6.   The Senior Medical Officer, Lok Nayak Jai Prakash Narayan Hospital, P.O
     and P.S. - Shashtri Nagar Bihar, Patna
7.   The District Magistrate Patna Bihar
8.   The Senior Superintendent Of Police Patna Bihar
9.   The Station House Officer, Shashtri Nagar, P.S. Distt. - Patna Bihar
10. The Investigating Officer of Shastri Nagar Police Station Case No. 194 of
    2022, Distt. - Patna Bihar
11. Noorjahan @ Noor Jahan W/O Md. Sajjad R/O Samanpura, Near Chaudhari
    Hotel, Raja Bazaar, P.O. and P.S - Shashtri Nagar, Distt. - Patna
12. Adeeb Ahmad, Son Of Md. Sajjad, R/O Samanpura, Near Chaudhari Hotel,
    Raja Bazaar, P.O. and P.S - Shashtri Nagar, Distt. - Patna
13. Dr. Abhay Kumar Son Of Unknown Senior Medical Officer, Lok Nayak Jai
    Prakash Narayan Hospital, P.O. and P.S. - Shastri Nagar, Distt. - Patna
14. Medionn Diagnostics Limited through its Director Correspondence - 13,
    Burnt Salt Gola Lane, Near Howrah AC Market, P.S. - Howrah, Distt. -
    Howrah 711101, W.B
15. Dr. Ashish Kumar Jain, Mbbs, Md In Radiodiagnosis, Medionn Diagnostics
    Limited, Central Library - 56/2, Ramlochan Shire Street, Belur Math, Beside
         Patna High Court CR. WJC No.2077 of 2023(6) dt.16-06-2026
                                                     2/4




                 Forum Pravesh, P.S - Bally, Distt. - Howrah 711202, WB

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Amit Narayan, Advocate.
                                                  Mr. Brajesh Sahay, Advocate.
                 For the State           :        Mr. Prem Ranjan Kumar, AC to AAG-IX
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

6   16-06-2026                     The present writ petition has been preferred by the

                   three petitioners seeking proper investigation in Shastri Nagar

                   P.S. Case No. 194 of 2022 registered on 14.04.2022 for the

                   offences punishable under Sections 341, 342, 323, 324, 307, 504

                   and 506/34 of the Indian Penal Code.

                                 2. The petitioner Nos. 2 and 3 are accused in the said

                   FIR and petitioner No. 1 is the sister of other two petitioners.

                                 3. Mr. Amit Narayan, learned counsel for the

                   petitioners and Mr. Prem Ranjan Kumar, AC to AAG-IX on

                   behalf of the State and the State instrumentality are present.

                                 4. I heard learned counsel for the petitioners and

                   learned counsel for the State.

                                 5. Learned counsel for the petitioners submits that

                   though, the petitioners are accused, they have right to file this

                   writ for proper investigation because the I.O. has been

                   fabricating false evidence against the petitioner Nos. 2 and 3. He

                   further submits that under Article 21 of the Constitution of
Patna High Court CR. WJC No.2077 of 2023(6) dt.16-06-2026
                                            3/4




          India, fair investigation and fair trial are integral part of right to

          life and liberty and, hence, such right is available not only to the

          informant/victim but even to the accused because Police

          authorities is required to be fair even to the accused in regard to

          investigation.

                      6. I agree with learned counsel for the petitioners that

          this writ petition is maintainable by the petitioners even if they

          are accused in the said FIR.

                      7. However, it transpires from the statement at the bar

          that in this FIR not only investigation has been completed and

          charge sheet has been submitted but even cognizance has been

          taken against the petitioner Nos. 2 and 3 and the same

          cognizance order has been challenged by petitioner No. 2 by

          way of Cr. Misc. 18892 of 2026 and by petitioner No. 3 by way

          of Cr. Misc. 73014 of 2025.

                      8. In view of aforesaid development in this case, the

          present writ petition has become infructuous, because now

          judicial order has been passed and petitioners have already

          availing judicial remedy against the judicial order.

                      9. However, learned counsel for the petitioner is

          seeking liberty to raise the grievance of fabrication of evidence

          even during the course of hearing of Cr. Misc. filed by the
          Patna High Court CR. WJC No.2077 of 2023(6) dt.16-06-2026
                                                      4/4




                    petitioners against the cognizance order because he is

                    submitting      that he has documents of sterling nature which

                    shows that some evidence has been fabricated by the

                    prosecution side to falsely implicate the petitioners and that

                    liberty should be preserved so that he can raise the same in the

                    course of hearing of the quashing petitions filed under Section

                    482 Cr.P.C. against the cognizance order passed in regard to said

                    FIR. He is also seeking liberty to file copy of the documents

                    supplied by the respondents/State instrumentalities and private

                    respondents in this Proceeding which he has preferred under

                    Section 482 Cr.P.C. against the prosecution.

                                10. Accordingly, the present petition is dismissed as

                    infructuous with the liberty as sought for.



                                                                      (Jitendra Kumar, J)
S.Ali/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.