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Patna High Court

Dr. Shambhu RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of without commenting on its merits, with liberty granted to the petitioners to seek alternative remedies.

Summary

Petitioners Dr. Shambhu Roy and Satya Nand Kumar Roy filed a writ petition before the Patna High Court seeking directions to various officials of the State of Bihar to submit reports and initiate proceedings under section 163 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S). The petition specifically asked for orders directing Respondents No. 4, 5 and 6 to commence the statutory process prescribed in the said section. Counsel for the petitioners argued that the court should compel the officials to act, while the respondents contended that the matter could be pursued through other legal avenues. The Court, after hearing counsel, granted the petitioners liberty to explore alternative remedies but declined to rule on the substantive merits of the petition. Consequently, the writ petition was disposed of without any direction being issued to the respondents.

Issues considered

  • Whether the High Court can direct the respondents to submit reports and initiate proceedings under section 163 of the Bharatiya Nagarik Suraksha Sanhita.

Legislation cited

Subjects

  • writ jurisdiction
  • section 163
  • Bharatiya Nagarik Suraksha Sanhita
  • direction to officials
  • petition disposed

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20823 of 2025
                 ======================================================
           1.     Dr. Shambhu Roy Son of Late Shivan Roy, resident of Naya Tola, Kerwan,
                  P.O - Kerwan, P.S. - Kurhani, District- Muzaffarpur, Pin - 844127.
           2.    Satya Nand Kumar Roy, S/o - Dr. Shambhu Roy, resident of Naya Tola,
                 Kerma, P.O. - Kerma, Via- Turki, P.S.- Kurhani, Muzaffarpur - 844127.

                                                                                  ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Secretary, Department of Home, Government
                 of Bihar, Patna.
           2.    The District Magistrate, Muzaffarpur.
           3.    The Sunior Superintendent of Police, Muzaffarpur.
           4.    The Sub-Divisional Magistrate, Muzaffarpur (East), District - Muzaffarpur.
           5.    The Circle Officer, Mushahari, District- Muzaffarpur- 842002.
           6.    The Station House Officer, Mithanpura, District- Muzaffarpur. 842002
           7.    Mr. Mukesh Kumar, Son of Late Raghunath Singh, Rajput Tola, Kanhauli,
                 P.S.- Mithanpura, P.O. - R.K Ashram, Bela, District- Muzaffarpur- 842002.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Ajay Prasad, Advocate
                 For the Respondent/s   :        Miss Subhi Singh, AC to GP (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-01-2026                 Heard Ajay Prasad, learned counsel for the petitioners

                   Miss. Subhi Singh, learned AC to SC-07.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of a direction to the

                                            Respondent No. 5 and 6 for submission of

                                            the report for the purpose of initiation of

                                            proceeding under section 163 of the

                                            Bhartiya     Nagarik       Suraksha           Sanhita
         Patna High Court CWJC No.20823 of 2025(2) dt.08-01-2026
                                                    2/2




                                           (B.N.S.S);

                                           (ii) for issuance of a direction to the

                                           Respondents No. 4 to 6 for initiation of the

                                           proceeding under section 163 of the B.N.S.;

                                           (iii) for grant of any other relief or reliefs to

                                           which the petitioner is found entitled to in

                                           the facts and circumstances of this case.

                                3. After some argument, learned counsel for the

                   petitioner submits that he shall be exploring alternate remedy

                   available under the law of the land.

                                4. Granting said liberty and without commenting on

                   the merit of the case, the writ petition is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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