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Patna High CourtCR. WJC/378/2017disposed

Amir Baitha v. The State Of Bihar Through The Principal Secretary Department Of Excise. Govt Of Bihar, Patna And O

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.378 of 2017 Arising Out of PS. Case No.-136 Year-2007 Thana- PIPRAKOTHI District- East Champaran ====================================================== Amir Baitha son of Bhikhar Baitha, resident of village-Surajpur, Police Station-Pipra Kothi, 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. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 24-07-2019 In the instant application, the petitioner has challenged the order dated 18.12.2016/19.12.2016 passed in Session Trial No.137 of 2017 arising out of Pipra Kothi P.S. Case No.136 of 2017 by the learned Additional Chief Judicial Magistrate-X, 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 Procedure for redressal of his grievance, I am not in inclined to entertain this application in extraordinary writ jurisdiction.

Patna High Court CR. WJC No.378 of 2017 dt.24-07-2019 2/2 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