SITARAM SHARMA @ SITARAM MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioners seeking writ of mandamus directing the respondent authorities to initiate departmental proceeding against the police officials and Judicial Magistrate. The petitioners are also seeking initiation of contempt proceeding against the police officials.

(2.) The factual background of the case is that one police case bearing Amarpur P.S. Case No. 284 of 2021 was lodged on 13/6/2021 for offence punishable under Ss. 341, 323, 504 read with Sec. 34 of the Indian Penal Code on the report of Smt. Shalini Sharma/ Respondent No.11, who is wife of petitioner No.2/Rajiv Kumar. It further transpires that vide order dtd. 22/6/2021 learned Chief Judicial Magistrate issued show cause to the concerned Investigating Officer why Sec. 498A of I.P.C. was not applied in the said F.I.R. despite sufficient allegation in the F.I.R. by the informant. Subsequently on 22/6/2021 petitioner No.2/Rajiv Kumar was arrested and thereafter, on 23/6/2021 Sec. 498A of IPC was added by learned Chief Judicial Magistrate on application of the police and after investigation, charge-sheet has been submitted on 8/8/2021 only against petitioner No.2/Rajiv Kumar keeping investigation pending against rest accused persons who are family members of petitioner No.2/Rajiv Kumar. Subsequently on 2/11/2021 cognizance was taken against the petitioner No.2/Rajiv Kumar for offence punishable under Ss. 341, 323, 504, 307 and 498A read with Sec. 34 of the Indian Penal Code. It further transpires that on 18/1/2022 the petitioner No.2/Rajiv Kumar was released on regular bail by a Co-ordinate Bench of this Court. It is also stated by learned counsel for the petitioners that one Criminal Miscellaneous No. 12667 of 2022 has been filed by the petitioners including Rajiv Kumar under Sec. 482 Cr.PC for quashing of the F.I.R.

(3.) I heard learned counsel for the petitioners and learned APP for the State.