Nirbhay Kumar Rai v. The State Of Bihar And ORS

Patna High Court CWJC No.8721 of 2016 (2) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8721 of 2016 ====================================================== Nirbhay Kumar Rai, Son of Sri Ramashlok Rai, Resident of Thanpur, P.S.- Mahnar, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Vaishali at Hajipur.

3. The Sub-Divisional Officer, Mahnar, District- Vaishali.

4. The Block Development Officer, Mahnar, District- Vaishali at Hajipur.

5. The Superintendent of Police, Vaishali at Hajipur.

6. The Sub-Divisional Police Officer, Mahnar, District- Vaishali.

7. The State Election Commission through the State Election Commissioner, Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Respondent/s : Mr. Kumar Priya Ranjan, S.C.-23 For the State E.C. : Mr. Amit Srivastava Mr. Girish Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 17-05-2016 Heard the parties.

The grievance of the petitioner is that he was put in legal detention and not allowed to vote. There is neither any F.I.R. nor complaint before the Chief Judicial Magistrate regarding such action. The allegation made is debatable and requires to be established by evidence. No cause for indulgence is made out on such contentious issues which needs evidentiary support. The writ petition is accordingly disposed of.

The petitioner if so advised may take recourse to such other remedy as may be available to him in law.

(Jyoti Saran, J) deepika/- U