Laxman Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3465 of 2015 Arising Out of PS.Case No. -2640 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Laxman Prasad S/O Late Dinanatn Prasad Resident of vill-Kushar Mathia,P.S-Mahmadpur,Distt.-Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rinku Devi D/O Jagarnath Prasad Resident of vill-Gangwa,P.SSidhwalia,Distt.-Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-09-2015 The Superintendent of Police, Gopalganj has reported that the order dated 23-06-2015 passed by this court was never communicated to Officer-in-charge, Mohiuddin Nagar Police Station and in this regard, he sought an explanation from the concerned officer-in-charge, who submitted his explanation, which has been annexed as Annexure-B to the show cause, submitted by the Superintendent of Police, Gopalganj. The learned Sub Divisional Judicial Magistrate, Gopalganj has reported that the order dated 23-06-2015 was never put up before him nor the aforesaid order was attached with the record though the said order was received by the concerned office clerk on 25-06-2015. It has also been reported that the order sheet

Patna High Court Cr.Misc. No.3465 of 2015 (8) dt.30-09-2015 2/2 of the concerned record also does not contain the factum of receipt of order dated 23-06-2015 passed by this court. He has further reported that a show cause has already been called for, from the concerned office clerk in this regard.

Learned counsel for the petitioner submits that web copy of order dated 23-06-2015 was produced before the concerned officer-in-charge of Mohiuddin Nagar Police Station at the time of his arrest and again, the same was produced before the learned Sub Divisional Judicial Magistrate, Gopalganj but both the above-said officials did not pay any heed.

However, there is nothing on the record to fortify the above-said contention and therefore, I do not think proper to keep the matter pending.

Accordingly, this petition stands disposed off. However, learned District and Sessions Judge, Gopalganuj is directed to look into the matter and take appropriate steps against the erring office clerk and similarly, the Superintendent of Police, Gopalganj is directed to issue warning to the concerned officer-in-charge of Mohiuddin Nagar Police Station.

(Hemant Kumar Srivastava, J) A.K.V./- U T