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Patna High CourtCWJC/7356/2017disposed

Mithilesh Kumar Singh v. The State Of Bihar And ORS

2019-08-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7356 of 2017 ====================================================== Mithilesh Kumar Singh Son of Late Raj Ballabh Singh, Resident of MohallaMithapur, B-Area, Bangali Road, Post- G.P.O. Police Station- Jakkanpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Station Head Officer, Jakkanpur Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Md.Nadeem Seraj, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2019 The learned counsel for the petitioner seeks liberty to file an appeal against the order dated 27.01.2017 passed by the District Magistrate, Patna.

Accordingly, liberty is granted to the petitioner to file appropriate appeal against the order dated 27.01.2017 passed by the District Magistrate, Patna, who shall also consider the effect of the judgment rendered by this Court, as reported in 2010 (1) B.L.J. 697 (Akash Gaurav vs. State of Bihar & Ors.), which shall be annexed by the petitioner along with his appeal. It is needless to state that in case an appeal is filed within a period of four weeks from today, the appellate authority

Patna High Court CWJC No.7356 of 2017(3) dt.29-08-2019 2/2 shall consider the case of the petitioner on merits without being impeded by the issue of limitation.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U