Patna High Court
Ravindra Kumar Sharma @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The petition is infructuous and is disposed of, with direction to initiate action against the informant under Sections 182 and 211 IPC.
Summary
Petitioners Ravindra Kumar Sharma and his son filed a writ petition seeking a mandamus directing a fair investigation and the removal of their names from Kudhani Police Station Case No. 323 of 2023, which involved several IPC offences. The State submitted that a closure report had been filed, recommending action against the informant under Sections 182 and 211 of the IPC, and argued that the petition had become infructuous. The Court examined the submissions and the closure report, concluding that the petition could no longer be entertained. Accordingly, the writ petition was disposed of as infructuous. The Court directed that the recommended action against the informant under Sections 182 and 211 IPC be initiated as per the closure report.
Issues considered
- Whether the writ petition seeking mandamus for a fresh investigation and expungement of names is maintainable after a closure report has been filed.
- Whether the petition becomes infructuous upon the filing of the closure report recommending action against the informant.
Legislation cited
- Indian Penal Code — s. 182, 211, 323, 34, 341, 384, 406, 420, 504, 506
Subjects
- writ of mandamus
- police investigation
- closure report
- infructuous petition
- Indian Penal Code
- Section 182
- Section 211
- expungement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.610 of 2024
Arising Out of PS. Case No.-323 Year-2023 Thana- KUDHNI District- Muzaffarpur
======================================================
1. Ravindra Kumar Sharma @ Ravindra Kumar S/o Late Ramfal Sharma R/o
vill - Sakara Mansurpur, P.S. - Sakra, Distt. - Muzaffarpur
2. Aaditya Kumar @ Aditya Raj S/o Ravindra Kumar Sharma R/o vill - Sakara
Mansurpur, P.S. - Sakra, Distt. - Muzaffarpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Director General of Police, Patna, Bihar
3. The Superintendent of Police, Distt - Muzaffarpur Bihar
4. The District Magistrate Muzaffarpur Bihar
5. The S.H.O. Kudhani, Distt. - Muzaffarpur Bihar
6. Sudhanand Kumar Rai S/o Shambhu Rai R/o Vill - Naya Tola Kerma, P.S. -
Kudhani, Distt. - Muzaffarpur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Shankar, Advocate
For the State : Mr. Sitaram Yadav, GP 16
Mr. Yatindra Narayan, AC to GP 16
For the respondent no.6 : Mr. Ajit Kr. Sinha, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner, learned
counsel for the State as well as learned counsel for the
respondent no. 6.
02. The present writ petition has been filed seeking
the following reliefs:-
“(i) For issuance of an appropriate Writ/Writs,
Order/Orders, Direction/Directions in the
nature of Writ of Mandamus for fair and proper
investigation of Kudhani P.S. Case No. 323 of
2023 dated 01.07.2023 registered under
Patna High Court CR. WJC No.610 of 2024(2) dt.08-01-2026
2/3
Sections 341, 323, 384, 504, 506, 406, 420, 34
of the IPC instituted by one Sudhanand Kumar
Rai, S/o Shambhu Rai, R/o Village- Naya Tola
Kerma, P.S.-Kudhani, District-Muzaffarpur.
(ii) For expunging the name of the petitioners
from Kudhani P.S. Case No. 323 of 2023 dated
01.07.2023 registered under Sections 341, 323,
384, 504, 506, 406, 420, 34 of the IPC.
(iii) For the other necessary relief/reliefs on the
basis of the facts and circumstances of the case
as enumerated and stated hereinafter”
03. Learned counsel appearing on behalf of the State-
respondents submits that counter affidavit has been filed in this
case and police investigated the matter in Kudhani P.S. Case No.
323 of 2023 and a closure report has been filed with
recommendation to initiate an action against the informant
under Section 182 and Section 211 of the Indian Penal Code.
Learned counsel further submits that as closure report has been
submitted against the petitioners, the matter has become
infructuous.
04. Having regard to the submission made on behalf
of the State/respondents as well as averment made in their
counter affidavit, the matter has become infructuous and
accordingly, the writ petition is disposed of with direction to
initiate action against the informant of Kudhani P.S. Case No.
323 of 2023 under Section 182 and Section 211 of the Indian
Patna High Court CR. WJC No.610 of 2024(2) dt.08-01-2026
3/3
Penal Code in terms of recommendation made in the final
form/closure report.
(Arun Kumar Jha, J)
Anuradha/-
U T
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