Patna High CourtCR. WJC/1561/2018dismissed

Ram Swaroop Ram v. The State Of Bihar, Through Director General Of Police-Cum-Inspector General Of Police, Bihar, Patn

2018-07-04Mr. Justice S. Kumar,Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1561 of 2018 Arising out of P.S. Case No.- Year- Thana- District- Madhubani =============================================== Ram Swaroop Ram, S/o Utim Ram, Resident of Village- Raima, P.S.- Saharghat, Distt- Madhubani.

... ... Petitioner/s

Versus

1. The State of Bihar, Through Director General of Police-cuminspector General of Police, Bihar, Patna.

2. Deputy Inspector General of Police, Darbhanga, Range, Darbhanga.

3. The Senior Superintendent of Police, Madhubani, DistrictMadhubani.

4. The Sub Divisional Police Officer, Benipatti, District- Madhubani.

5. The Station House Officer, Saharghat, District- Madhubani.

6. Mangru Yadav, S/o Late Ram Avtar Yadav, Resident of VillageRamnan, P.S.- Saharghat, District- Madhubani.

7. Urmila Devi, W/o Late Shainchar Ram, Resident of VillageRaimam, P.S.- Saharghat, District- Madhubani. ... ... Respondent/s =============================================== Appearance :

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore, Advocate For the Respondent/s: Mr. Md. N. H. Khan(SC-I) Ms. Babita Kumari, A.C to SC-I =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 04-07-2018 Heard learned counsel for the petitioner and the State. Petitioner has already filed a complaint case bearing its No. 05/2016 on 24.10.2016 which is pending before the Additional

Patna High Court Cr. WJC No.1561 of 2018 dt.04-07-2018 2/2 Chief Judicial Magistrate, Benipatti, Madhubani, a copy of which has been appended as Annexure - 2.

It is apparent from the complaint that the lady had gone with the accused persons ten years back but in the intervening period of those years, he did not take any step. However, when she came back, this complaint case was filed. In such a situation, the writ petitioner is unable to make out a case for issuance of writ of habeas corpus and, accordingly, this writ petition is dismissed.

However, the writ petitioner may pursue his complaint case.

(Dr. Ravi Ranjan, J) (S. Kumar, J) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.07.2018 Transmission Date NA