Jitendra Kumar @ Jitendra Verma v. The State Of Bihar Through Principal Secretary Home Dept. Bihar, Patna And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1125 of 2017 Arising Out of PS. Case No.-712 Year-2015 Thana- NAUBATPUR District- Patna ====================================================== Jitendra Kumar @ Jitendra Verma, Son of Sudeshwar Mahto, Resident of Village - Lodipur, P.S. Naubatpur, Dist. Patna. ... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Home Dept. Bihar, Patna
2. The Registrar, Patna Civil Court, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Raj Dular Sah, Mr. Raghwendra Kumar Prasad, Advocates For the State :
Mr. Ravi Verma, A.C. to G.P. 4 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 27-07-2017 Heard.
Petitioner's case is that he has been illegally detained for more than 1 year as the charge-sheet was submitted on 14.3.2016 but cognizance was not taken and in view of the decision of the Division Bench of this Court rendered in Sri S.K. Lal Special Judge, CBI (AHD) Patna vs. Lalu Prasad & others [ BBCJ 1998 117], petitioner should be immediately released.
However, learned counsel for the State submits on instruction that cognizance was already taken on 19.06.2017, therefore, this writ application has become infructuous.
Patna High Court Cr. WJC No.1125 of 2017 dt.27-07-2017 2/2 Accordingly, in our opinion, since the cognizance has already been taken on 19.6.2017 and the bail application has also been rejected by a learned Single Judge Bench of this Court vide order dated 18.11.2016 passed in Criminal Miscellaneous No.29501 of 2016, this writ application has to be dismissed. Accordingly, the same is dismissed. However, let the concerned judicial officer inform as to why there had been delay in taking cognizance. Let this order be communicated immediately to the court concerned by way of E - Mail / Facsimile Message. Sanjay/- (Dr. Ravi Ranjan, J) ( S. Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2017 Transmission Date 31.07.2017