Patna High Court
Sonu KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- PARTHA SARTHY
Holding
The petition is dismissed for non‑prosecution.
Summary
The petitioner, Sonu Kumar, filed a writ petition in the Patna High Court seeking mandamus to stay Departmental Proceeding No. 13/2016, to set aside an impugned charge sheet, and to prevent harassment arising from FIR No. 662/2015. No counsel appeared on behalf of the petitioner, while the respondents were represented by Mr. Md. N.H. Khan. The petition alleged that the departmental action was illegal and that the FIR was fabricated, and requested relief pending the outcome of a criminal trial in Katihar. The court noted the absence of any representation or prosecution by the petitioner, despite a prior hearing on 12.12.2024. Consequently, the court dismissed the petition for non‑prosecution, granting no relief.
Issues considered
- Whether a writ of mandamus can be issued to stay a departmental proceeding pending a criminal trial.
- Whether the impugned charge sheet can be set aside by the court.
- Whether the petitioner can be protected from alleged harassment arising from a purportedly fabricated FIR.
Subjects
- writ petition
- mandamus
- departmental proceeding
- charge sheet
- non‑prosecution
- Civil Writ Jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4057 of 2017
======================================================
Sonu Kumar Son of Umesh Prasad Yadav, resident of Village- Mansar, P.O.-
Sahjadpur, P.S.- Madhusudanpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of India, Patna.
2. The Director General of Police-cum-I.G. of Police, Bihar, Patna.
3. The D.I.G. North Zone, Muzaffarpur.
4. The Commandant of BMP-7, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. Md. N.H. Khan, SC-1
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 20-01-2026 1. No one appears on behalf of the petitioner. Learned
counsel for the respondents is present.
2. The petitioner has filed the instant application for
the following reliefs :-
“I. For Issuance of an appropriate
writ, order, direction or directions in nature of
Mandamus Directing and commanding the
concerned Respondents to stay the Departmental
Proceeding No. 13/2016 against the petitioner
till the disposal of the Criminal Trial which is
pending in the court of C.G.M. Katihar, on the
similar charges.
II. For issuance of an appropriate
writ, order/direction in nature of Mandamus
directing and commanding the concerned
Patna High Court CWJC No.4057 of 2017(4) dt.20-01-2026
2/2
Respondents to set aside the impugned charge
sheet (Annexure-6).
III. For further issuance of an
appropriate writ order or direction in nature of
mandamus directing and commanding the
concerned respondent not to humiliate or harass
the petitioner on account of the illegal and
baseless, concocted and fabricated F.I.R No.
662/2015 dated 27.10.2015 of Katihar Town
Sub-Police Station.
IV. For issuance of any other relief or
relies to which the petitioner found entitled to in
the larger interest of justice.”
3. No one appeared on behalf of the petitioner on
12.12.2024 also.
4. The case is dismissed for non-prosecution.
(Partha Sarthy, J)
avinash/-
U
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