Patna High Court
ANITA DEVIversusTHE STATE OF BIHAR, THROUGH THE DIRECTOR GENERAL OF POLICE, SARDAR PATEL BHAWAN, BAILEY ROAD, PATNA
- Decided
- Disposal
- DISMISSED
- Bench
- JITENDRA KUMAR
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
- Criminal Procedure Code — s. 164
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
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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
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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/-
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