Patna High CourtCR. WJC/679/2016disposed

Bindeshwar Prasad @ Binda Mahto @ Binda v. The State Of Bihar Through The D.G.P

2017-03-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 679 of 2016 Arising out of P.S. Case No. - null Year - null Thana - null District - NALANDA (BIHARSHARIFF) =========================================================== Bindeshwar Prasad @ Binda Mahto @ Binda, Son of Late Madhu Mahto, Resident of Village Nanad, P.S. Silao, District Nalanda .... .... Petitioner

Versus

1. The State of Bihar through the D.G.P Bihar, Patna

2. The Superintendent of Police, Nalanda

3. Devendra Kumar, Son of Late Budhu Mahto, Resident of Village Ajnaura, P.S. Noor Sarai District Nalanda .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr.

For the Respondents : Mr. S.S.P. Yadav, S.C. XIV =========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 28-03-2017 Respondent no. 3 Devendra Kumar, initially, filed Silao Police Station Case No. 31 of 2013 for offence under Sections 304(B)/34 of the Indian Penal Code. The case was transferred to Noor Sarai Police Station by Silao Police on the ground of territorial jurisdiction. Thereafter Noor Sarai Police Station Case No. 135 of 2013 has been registered and the police have already submitted charge-sheet under Section 306 of the Indian Penal Code in Noor Sarai Police Station Case No. 135 of 2013.

2. Grievance of the petitioner is that in the court both cases are still alive i.e. Silao Police Station Case No. 31 of 2013 as well as Noor Sarai Police Station Case No. 135 of 2013, therefore,

Patna High Court Cr. WJC No.679 of 2016 dt.28-03-2017 2/2 one case should be dropped/quashed.

3. Learned counsel for the State submits that the informant of this case has challenged the order of transfer of the FIR from Silao Police Station to Noor Sarai Police Station before the learned Sessions Judge, Nalanda in criminal revision which is still pending for consideration.

4. The petitioner may approach this Court after disposal of the criminal revision because the learned Sessions Judge is court of which both the police stations and the Magistrates In-charge are subordinates.

5. The petitioner shall appear before the revisional court who shall pass necessary order in the pending criminal revision after hearing the petitioner also, if the petitioner so advised.

6. Accordingly, this writ application stands disposed of.

(Birendra Kumar, J) Kundan AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 29.03.2017 Transmission Date 29.03.2017