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Patna High CourtCR. WJC/635/2016disposed

Damodar Singh v. The State Of Bihar Through Director General Of Police, Bihar, Patna Having His Office Of Old Secret

2016-09-14Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.635 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN =========================================================== Damodar Singh, Son of Late Bhikar Singh, Permanent Resident of Village and Post-Fakuli, P.S.-Chapra Muffasil, District-Saran, PIN-841301. .... .... Petitioner

Versus

1. The State of Bihar through Director General of Police, Bihar, Patna having his office of Old Secretariat, Patna.

2. The Inspecptor General of Police, Saran Range at Chapra.

3. The District Magistrate, Saran.

4. The Superintendent of Police, Saran at Chapra.

5. The Sub-Divisional Police Officer, Saran at Chapra.

6. Inspector cum S.H.O. Bhagwan Bazar, Police Station, Saran.

7. Inspector cum S.H.O. Muffassil Police Station, Saran at Chappra.

8. Triloki Singh, Son of Late Sitaram Singh, resident of village-Fakuli, South Tola near Naini village, P.S.-Muffassil, District-Saran at Chapra, PIN-841301. .... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA ORAL JUDGMENT Date: 14-09-2016 The grievance of the petitioner is that his complaint Case No. 1742 of 2015 filed before the Chief Judicial Magistrate, Saran at Chapra is not being decided.

2. From perusal of the complaint, it shows that his son has died when he was student of an Engineering College at Jalandhar, Punjab but the accused in the complaint is the District Magistrate.

3. Prima-facie, the complaint against the District

Patna High Court Cr. WJC No.635 of 2016 dt.14-09-2016 2/2 Magistrate with regard to death of the son of the petitioner, who was a student of NIT, Jalandhar would not be maintainable against the District Magistrate. But whatever may be the situation, the learned Chief Judicial Magistrate is expected to decide it finally one way or the other.

4. In view thereof, the present petition is disposed of with a direction to Chief Judicial Magistrate, Saran at Chapra to take a final decision of the complaint within two months from the date of receipt/production of a copy of this order.

(Hemant Gupta, J.) Mishra/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 17.09.2016 Transmission Date N.A.