Patna High Court
IMBESAT SHAUKATversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
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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