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Patna High Court

MANOJ SAWversusThe State of Bihar through the Director General of Police, Old Secretariat, Patna.

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed because the closure report has been filed and the appropriate remedy lies with the trial court via the protest petition.

Summary

Manoj Saw filed an FIR under Sections 306 and 34 of the Indian Penal Code on 9 August 2023 at Rajuali Police Station and later sought a writ directing the police to reinvestigate the case, preserve evidence and take coercive measures against certain accused. The State respondents argued that a closure report (final form) had already been submitted on 30 September 2023, deeming the case a mistake of fact, and that the petitioner’s petition was a misuse of process. The petitioner contended that the investigation was biased and filed a supplementary affidavit, also having lodged a protest petition before the Additional Chief Judicial Magistrate‑III, Nawada on 10 October 2023. The High Court held that, given the closure report and the pending protest petition, the appropriate remedy lay with the trial court and not through a writ. Consequently, the writ petition was disposed of, directing the petitioner to pursue his relief before the lower court.

Issues considered

  • Can the High Court issue a writ directing police to reinvestigate a case where a closure report has already been filed?
  • Is the petitioner’s remedy to seek re‑investigation available before the High Court or should it be pursued through the pending protest petition before the trial court?
  • Does the filing of the writ petition constitute a misuse of the legal process?

Legislation cited

Subjects

  • writ petition
  • police investigation
  • closure report
  • misuse of process
  • protest petition
  • Criminal Procedure
  • IPC 306
  • IPC 34
  • High Court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.316 of 2024
          Arising Out of PS. Case No.-428 Year-2023 Thana- RAJAOLI District- Nawada
     ======================================================
     Manoj Saw S/o Late Domi Saw Resident of Village-Chautha, P.O.-Rajauli,
     P.S.-Rajauli, District-Nawada, Bihar-805125

                                                                      ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Director General of Police, Old Secretariat,
     Patna. Patna
2.   The Inspector General of Police, Magadh Division, District-Nawada.
     Nawada
3.   The Deputy Inspector General of Police, Magadh Division, District-Nawada.
     Nawada
4.   The Superintendent of Police, Nawada, District-Nawada. Nawada
5.   The Deputy Superintendent of Police, P.O and P.S.-Rajuali, District-Nawada.
     Nawada.
6.   Xavier Lakra, Sub-Inspector-Cum-Investigating Officer, P.O. and P.S.-
     Rajuali, District-Nawada. Nawada.
7.   Sihvalik Yadav S/o Lalo Yadav Sakin-Chautha, P.S.-Rajuali, District-
     Nawada.
8.   Sideshwar Yadav S/o Lalo Yadav Sakin-Chautha, P.S.-Rajuali, District-
     Nawada.
9.   Satish Yadav S/o Karu Yadav Sakin-Chautha, P.S.-Rajuali, District-Nawada.
10. Naresh Yadav S/o Lakahan Yadav Sakin-Chautha, P.S.-Rajuali, District-
    Nawada.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Abhinay Priyadarshi, Advocate
     For the Respondent/s   :        Mr. Sanjay Kumar, AC to GA-13
     ======================================================
        CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                         ORAL JUDGMENT
      Date : 19-02-2026

                 The petitioner has filed the present writ petition

      seeking following reliefs :

                      “(i) For issuance of appropriate writ/writs
                      order/orders         direction/directions          for
                      commanding the respondents to properly and
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026
                                            2/4




                          expeditiously investigate Rajuali P.S. Case
                          No:-428 of 2023 lodged by the petitioner
                          under Sections-306/34 of the Indian Penal
                          Code on 09.08.2023 with the Rajuali Police
                          Station.
                          (ii) For issuance of further appropriate
                          writ/writs order/orders direction/directions
                          to the respondents authorities to take
                          immediate       steps   for   investigation   and
                          collecting evidence so that the named
                          accused persons in the F.I.R. may not temper
                          with the evidence.
                          (iii) For issuance of further appropriate
                          writ/writs order/orders direction/directions
                          for a direction to I.O. i.e. Respondent No.6,
                          Xavier Lakra to take coercive measures
                          during the course of investigation against the
                          named accused persons being respondents
                          no:- 7 to 10.
                          (iv) For issuance of any other writ/writs
                          order/orders direction/directions as it deem
                          fit in the facts and circumstances of the
                          case”.


                    2. The learned counsel appearing on behalf of State-

         respondents, at the outset, submits that a final form has been

         submitted in the said Rajaoli P.S. Case No.428 of 2023 way

         back on 30.09.2023 and the case was found to be a case of

         mistake of fact. Despite submission of closure report/final form,

         the petitioner has filed the present writ petition seeking proper
Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026
                                            3/4




         investigation which is clearly misuse of process of law. Since

         the final form has already been submitted, nothing remains in

         the matter. The petitioner has also filed protest petition before

         the court of learned Additional Chief Judicial Magistrate-III,

         Nawada. Therefore, the present petition be dismissed with

         heavy cost.

                    3. The learned counsel appearing on behalf of the

         petitioner submits that the petitioner has filed a supplementary

         affidavit bringing on record the fact about submission of final

         form and filing of protest petition. The learned counsel further

         submits that the entire investigation was biased and flawed,

         resulting in a grave miscarriage of justice. Thus, the learned

         counsel prays for re-investigation in the matter.

                    4. Having regard to the rival submission of the parties

         and considering the fact that the final form/closure report has

         already been submitted in the matter showing it to be a case of

         mistake of fact and the petitioner has already before the court

         concerned with his protest petition, the petitioner is directed to

         pursue his remedy before the learned trial court, which is

         directed to pass an appropriate orders on his protest petition in

         accordance with law considering the fact that the protest petition

         is stated to be filed on 10.10.2023.
             Patna High Court CR. WJC No.316 of 2024 dt.19-02-2026
                                                         4/4




                                 5. With the aforesaid observations/directions, the

                      present writ petition stands disposed of.




                                                (Arun Kumar Jha, J)
V.K.Pandey/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          20.02.2026
Transmission Date       20.02.2026


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