Mishri Lal Sahni @ Mishri Sahni v. The State Of Bihar Through The District Magistrate, East Champaran And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.387 of 2017 Arising Out of PS. Case No.-223 Year-2010 Thana- PIPRAKOTHI District- East Champaran ====================================================== Mishri Lal Sahni @ Mishri Sahni son of Late Musafir Sahni Resident of Village - Mathiya Bariyarpur, Police Station - Pipra Kothi, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, East Champaran 2.

Priya Ranjan son of not known, Excise Inspector, Excise Department, P.S. - Sadar, District - East Champaran.

... ... 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 17.12.2016 passed in Trial No.1115 of 2016 arising out of Pipra Kothi P.S. Case No.223 of 2010 by the learned Additional Chief Judicial Magistrate-XI, 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

Patna High Court CR. WJC No.387 of 2017 dt.24-07-2019 2/2 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