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Patna High Court

ANITA DEVIversusTHE STATE OF BIHAR, THROUGH THE DIRECTOR GENERAL OF POLICE, SARDAR PATEL BHAWAN, BAILEY ROAD, PATNA

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as the allegations are mere suspicion lacking material evidence, and the matter is a civil dispute to be resolved by the civil court.

Summary

The petitioner, Anita Devi, daughter of the deceased Deo Pujan Singh, filed a writ petition seeking direction to lodge an FIR against private respondents (her late father’s co‑habitants) alleging they murdered him to grab his property. The court examined the pleadings, noting that the deceased, aged 90, lived with the respondents for 25 years and died of natural causes, with a statement under Section 164 of the CrPC confirming his voluntary residence with them. No eyewitness testimony, forensic evidence, or material corroborating the murder allegation was presented; the earlier FIR for abduction had been closed as untrue. The court held that the petitioner's claim amounted only to suspicion, not a cognizable offence, and that the dispute is essentially civil, already pending before a civil court. Consequently, the writ petition was dismissed, directing the petitioner to pursue her rights through appropriate civil and criminal remedies if any obstruction occurs.

Issues considered

  • Does mere suspicion of murder without corroborative evidence constitute a cognizable offence warranting registration of an FIR?
  • Can the High Court direct police to lodge an FIR in the absence of material evidence?
  • Is the dispute between the petitioner and the private respondents a civil matter to be decided by a civil court?
  • What are the petitioner’s rights to enjoy her father’s property pending resolution of the civil suit?

Legislation cited

Subjects

  • murder suspicion
  • cognizable offence
  • FIR
  • civil dispute
  • property rights
  • Section 164 CrPC
  • high court writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Writ Jurisdiction Case No.225 of 2023
     ======================================================
     Anita Devi Wife Of Sri Shanjay Singh, D/O Late Deo Pujan Singh R/O Vill.-
     Yamunapur, P.S.- Gaurichak, Distt.- Patna, At Present Residing At Vill.-
     Bargaion, P.S.- Azimabad, Distt.- Bhojpur

                                                                ... ... Petitioner/s
                                       Versus

1.   The State Of Bihar, Through The Director General Of Police, Sardar Patel
     Bhawan, Bailey Road, Patna
2.   The Inspector General Of Police, Bihar, Patna
3.   The Deputy Inspector General Of Police, Patna
4.   The Senior Superintendent Of Police, Patna
5.   The Officer-In-Charge Of Police Station- Gaurichak, P.S.- Gaurichak, Distt.-
     Patna
6.   Sanjeet Kumar Son Of Ram Pujan Singh R/O Vill.- Yamunapur, P.S.-
     Gaurichak, Distt.- Patna
7.   Shankar Singh Son Of Ram Pujan Singh R/O Vill.- Yamunapur, P.S.-
     Gaurichak, Distt.- Patna
8.   Satendra Singh Son Of Ram Pujan Singh R/O Vill.- Yamunapur, P.S.-
     Gaurichak, Distt.- Patna
9.   Gunjan Devi @ Kajal Wife Of Sanjeet Kumar R/O Vill.- Yamunapur, P.S.-
     Gaurichak, Distt.- Patna
10. Muni Devi Wife Of Shankar Singh R/O Vill.- Yamunapur, P.S.- Gaurichak,
    Distt.- Patna
11. Babita Devi Wife Of Satendra Singh R/O Vill.- Yamunapur, P.S.- Gaurichak,
    Distt.- Patna
12. Rampal Singh Son Of Late Sheobalam Singh R/O Vill.- Yamunapur, P.S.-
    Gaurichak, Distt.- Patna
13. Gaurav Singh Son Of Rampal Singh R/O Vill.- Yamunapur, P.S.- Gaurichak,
    Distt.- Patna
14. Ram Pujan Singh Son Of Late Sheo Balak Singh R/O Vill.- Yamunapur,
    P.S.- Gaurichak, Distt.- Patna

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Ashok Kumar Singh, Advocate
     For the State          :     Md. Iqbal Asif Niazi, AC to GP-5
     For Pvt. Respondents   :     Mr. Kumar Abhimanyu Pratap, Advocate
                                  Ms. Rushali, Advocate
     ======================================================
         Patna High Court CR. WJC No.225 of 2023(7) dt.18-06-2026
                                                     2/5




                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                    ORAL ORDER

7   18-06-2026                  The present writ petition has been filed by the

                   petitioner for lodging of FIR against the private respondent Nos.

                   6 to 14.

                                2. As per the pleadings of the petitioner and the

                   respondents, it transpires that the petitioner is daughter of late

                   Deo Pujan Singh. It further transpires that the deceased/Deo

                   Pujan Singh had only two daughters – petitioner and Rita Devi,

                   who pre-deceased her father.

                                3. It also transpires from the pleadings and the bar that

                   the deceased was living with private respondent Nos. 6 to 14 for

                   about 25 years before his death at the age of 90 years and the

                   petitioner-daughter of the deceased was living at her sasural in

                   Bhojpur district, whereas the deceased was a resident of Patna

                   district.

                                4. It also transpires that there are previous litigations

                   between the petitioner and the private respondents and

                   previously even one FIR was lodged against the private

                   respondents by the petitioner in regard to abduction and illegal

                   confinement of her father. However, the same was closed by

                   filing final form finding the case untrue.

                                5. It further transpires that even civil litigation is
Patna High Court CR. WJC No.225 of 2023(7) dt.18-06-2026
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          going on between the petitioner and the private respondent Nos.

          6 to 14, because as per the claim of private respondents, the

          deceased was living with them during his life time and

          transferred some land in their favour and the same is being

          disputed by the petitioner and hence, one Title Suit has been

          filed in the competent Civil Court which is still pending

          consideration.

                       6. It further transpires from the complaint lodged by

          the petitioner to the police that after the death of her father, late

          Deo Pujan Singh, she expressed doubt that the private

          respondent Nos. 6 to 14 have killed her father for grabbing the

          property belonging to him. However, as per counter affidavit

          filed by the police, they have not received any complaint from

          the petitioner in regard to the alleged murder of the deceased/

          Deo Pujan Singh by private respondents.

                       7. It further transpires that the petitioner, in her

          complaint, as annexed with the petition, has only expressed

          suspicion that the private respondents have killed her father to

          grab his property. However, there is no claim of eye-witness or

          any incriminating material in support of the complaint.

                       8. However, as per the counter affidavit filed by the

          private respondents, it transpires that on the occasion of
Patna High Court CR. WJC No.225 of 2023(7) dt.18-06-2026
                                            4/5




          previous FIR regarding abduction of the deceased, the

          deceased/Deo Pujan Singh had given his statement before

          Judicial Magistrate under Section 164 Cr.PC to the effect that he

          was living with the private respondents out of his sweet will and

          they were taking care of him and hence, investigation was

          closed and final form was submitted exonerating the private

          respondent Nos. 6 to 14.

                       9. It further transpires from the counter affidavit filed

          by private respondent Nos. 6 to 14 that the deceased has died

          natural death as has been admitted by the brother of the

          deceased to the police and his final cremation (Daah Sanskar)

          was done in the full knowledge of the co-villagers. He has also

          filed photographs showing that the dead body of the deceased is

          being carried to the cremation centre in the public view of the

          co-villagers and even the photographs of last rites burning the

          dead body of the petitioner in the presence of co-villagers have

          been filed on record.

                       10. As such, it transpires that the deceased/Deo Pujan

          Singh had died natural death at the mature age of 90 years.

          However, the petitioner, who is the daughter of the late Deo

          Pujan Singh, had suspicion, but there is no persuasive material

          in support of her suspicion. As such, no cognizable offence is
               Patna High Court CR. WJC No.225 of 2023(7) dt.18-06-2026
                                                           5/5




                         made out in substance as per the complaint lodged by the

                         petitioner to the police. Hence, the present petition is shorn of

                         any merit.

                                      11. It appears that basically there is civil dispute

                         between the petitioner and the private respondents for which

                         they are already before the Civil Court by way of Civil Suit.

                                      12. Moreover, the petitioner is seeking liberty to go

                         her maike to enjoy her property belonging to her father by way

                         of living in her house. Here, it is pertinent to point out that the

                         petitioner has all right to enjoy her property, if any, and in case,

                         the private respondents create any obstruction in the peaceful

                         possession/enjoyment of the property belonging to the petitioner

                         on account of being legal heir to the deceased/late Deo Pujan

                         Singh, the petitioner have all right to prefer civil and criminal

                         remedy against the private respondents.

                                      13. Accordingly, the present petition stands dismissed.



                                                                          (Jitendra Kumar, J.)
shoaib/-

U          T


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