RAJENDRA SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application, made under Art. 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the letter dated, 14.03.2012, issued by the respondent No.3, namely, Under Secretary, Home Department, Government of Bihar, Patna, annexing the letter, dated 03.03.2012, of the respondent No.5, namely, Superintendent of Police, Madhubani, whereby the request of the petitioner for initiation of criminal case against the accused persons has been postponed on the ground of pendency of civil litigations between the parties as also for direction to the respondent Nos. 2 to 7 to ensure registration of a Police Case against the accused persons concerned, on the basis of the complaint filed by the petitioner, vide letter dated, 15.01.2011 and 10.09.2012, in the light of the report, dated 01.09.2008, of the respondent No.8. The petitioner further seeks declaration that the provisions of the Code of Criminal Procedure, 1973, do not bar initiation of criminal prosecution/investigation/trial during the pendency of civil litigation.

(2.) The facts, leading to the filing of the present writ petition, are, in brief, thus:

(3.) With the help of the writ petition made under Art. 226 of the Constitution of India, the petitioner submits that the letter dated, 14.03.2012, issued by the respondent No.3, and the letter, dated 03.03.2012, issued by the respondent No.5 as well as the letter, dated 09.02.2011, issued by the respondent No.7, were not only misconceived in law but also bad and not tenable in the eye of law since no bar has been prescribed, under the Code of Criminal Procedure, for initiation of prosecution/investigation/trial during the pendency of civil litigation.