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Patna High CourtCR. WJC/397/2017disposed

Md. Mujib @ Md. Mojib @ Md. Mazid v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Govt. Of Bihar, Patna And

2019-07-24Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.397 of 2017 Arising Out of PS. Case No.-13 Year-2000 Thana- MAHESI District- East Champaran ====================================================== Md. Mujib @ Md. Mojib @ Md. Mazid son of Sheikh Abdul Hakim, Resident of Village- Main Mehsi, Police Station- Mehsi, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Excise, Govt. of Bihar, Patna 2.

The Principal Secretary, Department of Law, Govt. of Bihar, Patna. 3.

The Director General Prosecution, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar, Advocate For the Respondent/s :

Mr.Vivek Prasad, GP-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 24-07-2019 In the instant application, the petitioner has challenged the order dated 03.01.2017 passed in Trial No.605 of 2016 arising out of Mehsi P.S. Case No.13 of 2000 by the learned Additional Chief Judicial Magistrate-XII, Motihari, East Champaran whereby he has committed the case to the Court of Session for trial in the light of the provision of Bihar Prohibition and Excise Act, 2016.

2.

In view of the availability of an equally efficacious statutory remedy to the petitioner under Sections 397 and 401 as also under Section 482 of the Code of Criminal

Patna High Court CR. WJC No.397 of 2017 dt.24-07-2019 2/2 Procedure for redressal of his grievance, I am not in inclined to entertain this application in extraordinary writ jurisdiction. 3.

The application is disposed of with liberty to the petitioner to avail of the statutory remedy prescribed in law. (Ashwani Kumar Singh, J) Md. S/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 27.07.2019 Transmission Date 27.07.2019