IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.572 of 2009 NAWAL KISHOR BANKA SON OF LATE BANWARI LAL BANKA, RESIDENT OF BANKA BAZAR, MOTIJHEEL, TOWN, P.S.DISTRICT MUZAFFARPUR ………PETITIONER Versus THE STATE OF BIHAR ………OPPOSITE PARTY SHASHI BHUSHAN LODHA, SON OF LATE SHAMBHU NATH LODHA, RESIDENT OF MAIN ROAD, CHAKRADHARPUR, P.O. & P.S. CHAKRADHARPUR, DISTRICT SINGHBHUM EAST. ………PETITIONER ----------- 9 6.1.2010 In the instant application one Shashi Bhushan Lodha who was not a party in Cr.W.J.C.No.1159 of 2007 (Nawal Kishore Banka Vs State of Bihar) has moved this court for modification of order dated 27.11.2008 passed in the aforesaid case. Nawal Kishore Banka had lodged Town P.S.Case No.473 of 2006 under sections 467, 468, 471, 419, 420 and 120B of the Penal Code against his wife Anamika Banka, her brother Shashi Bhushan Lodha and other family members etc. In nut shell Nawal Kishore Banka alleged that his wife Anamika Banka along with other accused persons took away cash worth Rs.1,25,00,000.00 on 8.1.2002. Again on 7.4.2005 the accused persons took away jewellery and documents by breaking open the lock. It was further alleged that again on 26.2.2002 Anamika Banka came along with some of the accused persons and forcibly took signature of his mother. The informant Nawal Kishore Banka filed writ application bearing Cr.W.J.C.No.1159 of 2009 seeking protection to his life and property and to book the accused persons in which he had made the official respondents only as party respondents. 2 In the aforesaid case, a counter affidavit was filed on behalf of the State wherein in paragraphs 7 and 8 it was stated that the case was supervised by the A.S.P., Muzaffarpur who had given direction to the Investigating Officer for arrest of the accused persons. This court in view of the aforesaid circumstances disposed of the writ application by order dated 27.11.2008 with a direction that the respondent authorities would take all coercive steps to ensure the arrest of the accused persons involved in the case. The operative portion of the order is quoted herein below: “In view of the averments made in the counter affidavit, this writ petition is disposed of with a direction that the respondent authorities would take all coercive steps to ensure the arrest of the accused persons involved in the case”. Now Shashi Bhushan Lodha, the brother of co-accused Anamika Banka who happens to be the wife of Nawal Kishore Banka, the informant and petitioner in Cr.W.J.C.No.1159 of 2007 has filed the instant application for modification of the order dated 27.11.2008 passed in the aforesaid case. He submits that the informant/petitioner Nawal Kishore Banka suppressed material facts from this court in the writ application. He further submits that the aforesaid Nawal Kishore Banka has filed several F.I.R.s with absolutely same allegations being Complaint Case No.2543 of 2002 and Muzaffarpur P.S. Case No.390 of 2002. Complaint Case No.2543 of 2002 was sent to the Police Station under section 156(3) Cr.P.C. for institution and investigation whereby Muzaffarpur Town P.S. Case No.512 of 2004 was registered under sections 506 and 507 of the Penal Code. 3 Learned Counsel appearing on behalf of petitioner Shashi Bhushan Lodha reiterates that the allegations made in those cases are same as that of the allegations made in the instant case being Town P.S.Case No.473 of 2006. He submits that some of the accused persons had filed quashing application before this court being Cr.Misc.No.30945 of for quashing the order dated 26.2.2007 passed in Protest cum Complaint case No.3015 of 2005 arising out of Muzaffarpur (East) P.S. Case No.390 of 2002 referred to above, as police after investigation had found the case to be false. This court by order dated 12.5.2008 quashed the order taking cognizance dated 26.2.2007. Similarly, some of the accused persons had filed quashing application before this court against the order dated 19.3.2005 taking cognizance of the offence under section 506 of the Penal Code and for quashing the entire criminal proceedings arising out of Muzaffarpur (Town) P.S. Case No.512 of 2004, G.R.No.3068 of 2004. This court by order dated 25.7.2007 passed in Cr.Misc.No.16774 of 2006 quashed the order dated 19.3.2005 taking cognizance. Thus, learned counsel for the petitioner Shashi Bhushan Lodha submits that cognizance in more or less similar case has been quashed by this court lodged by Nawal Kishore Banka. He further submits that in one of the cases referred to above, the police has filed even final form in favour of the accused persons. Learned counsel for Nawal Kishore Banka submits that the F.I.R. discloses offence against accused persons, and in course of supervision the A.S.P., Muzaffarpur had given direction to the Investigating Officer to arrest the accused persons. 4 KHAN The order dated 27.11.2008 sought for being modified directs that the Investigating Officer would arrest the accused persons involved in the case. The aforesaid direction does not prohibit the petitioner Shashi Bhushan Lodha and others from showing to the police that the cases are being lodged mischievously and they are innocent and not accused in the case and in one of the similar cases the police have filed final form also. With the aforesaid clarifications and observations, this application stands disposed of. (S.P.Singh,J)