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Patna High CourtCR. WJC/2956/2018disposed

Hareesh Jalan v. The State Of Bihar, Through The Secretary, Department Of Home, Government Of Bihar, Patna And ORS

2023-12-01Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2956 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Hareesh Jalan S/o Late Murli Manohar Jalan Resident of Quila House, P.S. Chowk, Patna City, Distt.-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar, Through The Secretary, Department Of Home, Government Of Bihar, Patna 2.

The Director General of Police, Bihar, Patna 3.

The Senior Superintendent of Police, Patna 4.

The Officer-in-Charge, Kotwali Police Station, Patna 5.

The Municipal Commissioner, Patna Municipal Corporation, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar @ Alok Kr Shahi, Advocate For the Respondent/s :

Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-12-2023 The present case has come under the heading 'To Be Mentioned' due to the reason that though the order was passed on 01.12.2023, but due to inadvertence the date of order was typed as 02.12.2023 and has been created as Criminal Miscellaneous in place of Criminal Writ Jurisdiction Case, resulting in various discrepancies.

2. On 01.12.2023, the following order was passed in the present case :- "Counsel for the petitioner, Counsel for the State and Counsel for the Patna Municipal Corporation are

Patna High Court CR. WJC No.2956 of 2018(7) dt.19-12-2023 2/3 present.

2. Counsel for State submits that there is no need of continuation of the present criminal writ as the order passed by the Municipal Commissioner has been complied with and there is no Lahasha Market continuing in the said premises.

3. Counsel for the petitioner has produced a copy which is served to him from the Senior Superintendent of Police, Patna with regard to submissions of report in which it has been ascertained that said Lahasha Market, Fun and Fair market and any other markets are not present on the said premises.

4. Counsel for the petitioner is satisfied from the report as such he seeks permission to withdraw this present writ petition. He further seeks liberty that when occasion shall arise, he shall be at liberty to take appropriate action in accordance with law.

5. In light of the above submission and with aforesaid liberty which is already available to the petitioner to move before the appropriate forum as and when action shall arise, this application is disposed

Patna High Court CR. WJC No.2956 of 2018(7) dt.19-12-2023 3/3 of."

3. Accordingly, the order dated 01.12.2023 passed in Cr. Misc. No.2956 of 2018 is recalled. Registry is directed to offload the same from the website of Patna High Court.

4. The above order be treated to have been passed in the present case on 01.12.2023.

(Dr. Anshuman, J) Mkr./- U T