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Patna High Court

IMBESAT SHAUKATversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the name of a deceased respondent may be expunged and the petition may proceed limited to a direction for the State to protect the petitioner’s life and property.

Summary

Imbesat Shaukat filed a criminal writ petition in the Patna High Court against the State of Bihar and several officials, primarily challenging actions of the Station House Officer (respondent No.6) who had since died. The petitioner’s counsel sought to remove the deceased respondent’s name from the petition, arguing that his death rendered that part of the petition infructuous. The court allowed the expungement of respondent No.6’s name and limited the petitioner’s relief to protection of his life and property. The State had no objection to this limited prayer, affirming its duty to protect citizens. Consequently, the court directed the State to ensure the petitioner’s life and property are protected whenever a complaint is brought to its notice, and disposed of the petition.

Issues considered

  • Does the death of a respondent render a writ petition infructuous?
  • Can the name of a deceased respondent be expunged from the court record?
  • Can the court direct the State to protect the petitioner’s life and property in the absence of a specific grievance?

Subjects

  • writ petition
  • protection of life
  • protection of property
  • expungement
  • deceased respondent
  • High Court
  • criminal writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.642 of 2022
                 ======================================================
                 Imbesat Shaukat Son Of Sri Acharya Shaukat Khalil R/O Mansukh Nagar,
                 Ekmi Ghat, P.S.- Laheriasarai, District- Darbhanga.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    The District Magistrate, Darbhanga Bihar.
           3.    The Sub-Divisional Magistrate, Sadar, Darbhanga Bihar
           4.    The Senior Superintendent Of Police, Darbhanga Bihar
           5.    The Station House Officer, Bahadurpur P.S., Darbhanga Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Amit Shrivastava, Sr. Advocate
                                               Mr. Girish Pandey, Advocate
                                               Mr. Ali M. Ahmad, Advocate
                 For the State          :      Mr. SC-1
                 For the Res. No. 6     :      Mr. Sanjeet Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

7   13-02-2026                   Heard the learned counsels for the parties.

                                 2. Learned counsel appearing on behalf of respondent

                   no. 6 submits that respondent no. 6 is dead. Learned counsel

                   further submits that the present writ petition has become

                   infructuous as the main grievance of the petitioner is against

                   respondent no. 6.

                                 3. However, learned senior counsel appearing on

                   behalf of the petitioner, on instruction, seeks permission to

                   expunge the name of respondent no. 6 from the record.

                                 4. Learned counsel for the petitioner is permitted to

                   expunge the name of respondent no. 6 from the record in course
           Patna High Court CR. WJC No.642 of 2022(7) dt.13-02-2026
                                                       2/2




                     of the day and in this regard the office is directed to do the

                     needful.

                                   5. Learned senior counsel further submits that now

                     the petitioner confines his prayer only to the extent that life and

                     property of the petitioner be protected by giving appropriate

                     direction to the State-respondents.

                                  6. Learned counsel appearing on behalf of the

                     respondents-State has no objection to such prayer and submits

                     that the State is bound to protect the life and lawful possession

                     of property of any person.

                                  7. In the light of aforesaid facts and circumstances,

                     the present writ petition stands disposed of with direction to the

                     respondents-State to ensure the protection of life and property of

                     the petitioner, if any complaint comes to the knowledge of the

                     authority.



                                                       (Arun Kumar Jha, J)
Ashish/-

U


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