Hare Ram Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12376 of 2018 ====================================================== Hare Ram Singh, S/o Sri Deo Muni Singh, R/o Village- Ekawna, P.S.- Barhana, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Chief Secretary, Patna 2.

The Director General of Police, Government of Bihar, Patna 3.

The Deputy Inspector General of Police (Rail), Government of Bihar, Patna 4.

The Superintendent of Police, Rail, Katihar 5.

The Inspector (Rail), Barauni Railway Police Station, Barauni, DistrictBegusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Anand Kr. Ojha, Advocate Mr.Ashok Kumar Karna, Advocate For the State :

Mr.Maukeshwar Tiwari, A.C. to AAG-3 Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2022 After making effort to persuade this Court regarding validity of the order passed by the Director General of Police, Bihar, Patna (Respondent No.2) dated 20.04.2018, which is impugned in the instant writ proceedings, Mr.Anand Kumar Ojha, learned counsel appearing for the petitioner submits that in view of the way in which the proceedings has been conducted and since the findings have been arrived at more based on preponderance of probability than relying on any evidence whatsoever, the petitioner would approach the Director General of Police for re-consideration with respect to the quantum of punishment. He is emboldened by the fact of his acquittal in the

Patna High Court CWJC No.12376 of 2018(8) dt.13-12-2022 2/2 criminal case also, which arises out of the same allegations. For enabling him to do so, the writ application is disposed of.

Since this issue has not been raised or considered in the earlier order dated 20.04.2018, this Court would observe that the said order does not come in the way of such consideration in the case of the petitioner. The petitioner would be at liberty to make his application for such consideration raising all issues. If the application is filed within four weeks, the Respondent No.2 would be under an obligation to pass order, in accordance with law, within eight weeks thereafter.

(Madhuresh Prasad, J) PNM U