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Patna High Court

Ranjan KumarversusThe State of Bihar through the Principal Secretary, Home Department state of Bihar, Patna.

Decided
Disposal
DISPOSED

Holding

The petition is infructuous and is disposed of as the reliefs sought have already been satisfied.

Summary

The petitioner, Ranjan Kumar, filed a criminal writ petition seeking a mandamus directing the police to register an FIR against respondents 5‑10 for alleged cognizable offences, eviction of respondent 5 from his parental home, and police protection. The State responded that an FIR (Kudhani PS Case No. 149 of 2025) had already been registered against the accused under several sections of the BNS, and that respondent 5 had vacated the house. The petitioner’s counsel acknowledged that the reliefs sought were already satisfied but claimed continued threats from the respondents. The Court held that since the primary reliefs—FIR registration and eviction—were already effected, the petition had become infructuous. Consequently, the writ petition was disposed of without further orders.

Issues considered

  • Whether a High Court can issue a writ of mandamus directing the police to register an FIR.
  • Whether the writ petition remains maintainable after the reliefs sought have been satisfied.
  • Whether the Court can order eviction of a private respondent from a parental residence through a writ.
  • Whether the petitioner can seek police protection via a criminal writ petition.

Legislation cited

  • BNS — s. 126(2), 305, 329(3), 3(5), 351(2), 352

Subjects

  • writ petition
  • mandamus
  • FIR registration
  • eviction
  • police protection
  • criminal writ jurisdiction
  • infructuous petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Writ Jurisdiction Case No.2593 of 2025
                              Arising Out of PS. Case No.- Year-0 Thana- District- Muzaffarpur
                 ======================================================
                 Ranjan Kumar S/O Uday Singh Permanent R/O Village- Sherpur Ramnath,
                 P.O- Padmaul, P.S- Kudhani, District- Muzaffarpur, presently residing at Road
                 No. 10, Rajendra Nagar, Mahmudi Chak, Rajendra Nagar Gumti,
                 Sampatchak, P.S- Kadamkuan, Patna- 800016.

                                                                                       ... ... Petitioner/s

                                                          Versus


           1.    The State of Bihar through the Principal Secretary, Home Department state
                 of Bihar, Patna. Bihar
           2.    The Director General of Police, State of Bihar. Bihar
           3.    The Superintendent of Police, Muzaffarpur, Bihar. Bihar
           4.    The Officer-in-Charge, Kudhani Police Station, Distt.- Muzaffarpur. Bihar
           5.    Kajal Kumari D/O Sanjeev Singh R/O Village- Madhopur, Ward No. 2, P.O-
                 Mirza Nagar, P.S- Mahua, Distt.- Vaishali.
           6.    Sanjeev Singh R/O Village- Madhopur, Ward No. 2, P.O- Mirza Nagar, P.S-
                 Mahua, Distt.- Vaishali.
           7.    Ganesh Singh R/O Village- Madhopur, Ward No. 2, P.O- Mirza Nagar, P.S-
                 Mahua, Distt.- Vaishali.
           8.    Mukesh Singh S/O Ramekbal Singh R/O Shrepur Ramnath, P.O- Padmaul,
                 P.S- Kudhani, Dist- Muzzafarpur
           9.    Vijay Singh S/O Jagarnath Singh R/O Village- Karamchan, P.S- Kudhani,
                 P.O- Padmaul, Dist- Muzzafarpur
           10. Soni Singh @ Lalan Singh S/O Sahdev Singh R/O Village- Chakmakhan,
               P.S- Kudhani, P.O- Padmaul, Dist- Muzzafarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Hritik Anand, Advocate
                                                   Mr.Apurv Harsh, Advocate
                                                   Mr. Manu Tripurari, Advocate
                                                   Mr. Raghu Raj Pratap, Advocate
                 For the State             :       Mr. Sarvesh Kumar, GP-24
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   08-01-2026                   The present writ petition has been filed seeking

                   following relief(s):-
Patna High Court CR. WJC No.2593 of 2025(3) dt.08-01-2026
                                            2/3




                                  "I. For issuance of an appropriate writ in the
                                  nature      of     mandamus,   directing   the
                                  respondent authorities to register an FIR
                                  forthwith against respondents 5 to 10 on the
                                  basis of petitioner's complaint disclosing a
                                  cognizable offence;
                                  II. For issuance of an appropriate writ
                                  commanding the Respondent Authorities to
                                  ensure immediate eviction of Respondent No.
                                  5 from the petitioner's parental residence
                                  situated at Village - Sherpur Ramnath,
                                  District Muzaffarpur, which she is occupying
                                  forcibly and illegally after dissolution of
                                  marriage, thereby restoring possession and
                                  peaceful enjoyment of property to the
                                  petitioner and his parents;
                                  III. Direct the respondent police to provide
                                  immediate police protection to the petitioner
                                  and his family members to secure their right
                                  to file and liberty;
                                  IV. And other/ reliefs that the petitioners may
                                  found to be entitled to in the facts and
                                  circumstances of the present case."


                      2. A counter affidavit has been filed on behalf of

          State-respondents wherein it has been submitted that Kudhani

          P.S. Case No. 149 of 2025, dated 21.10.2025 for the offences

          under Sections 126(2), 305, 329(3), 352, 351(2), 3(5) of BNS
            Patna High Court CR. WJC No.2593 of 2025(3) dt.08-01-2026
                                                        3/3




                      was registered against Kajal Kumari and others.

                                  3. Learned counsel appearing on behalf of the

                      petitioner submits that respondent no. 5 has vacated the parental

                      house of the petitioner.

                                  4. Since the relief sought by the petitioner is mainly

                      concerned with filing of the FIR on the complaint of the

                      petitioner and eviction of parental house by respondent no. 5

                      and both the reliefs stand satisfied, the writ petition has become

                      infructuous.

                                  5. At this stage, learned counsel for the petitioner

                      submits that the petitioner is being threatened by respondent no.

                      5 and other private respondents.

                                  6. For this, the petitioner has remedy before

                      appropriate authority and cannot be allowed to agitate this

                      prayer in the instant criminal writ petition.

                                  7. Since the prayers of the petitioner stand satisfied,

                      the writ petition is disposed of as such.



                                                (Arun Kumar Jha, J)

    DKS/-

U


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