Patna High Court
Ranjan KumarversusThe State of Bihar through the Principal Secretary, Home Department state of Bihar, Patna.
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
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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