Patna High CourtCWJC/9858/2014disposed

Anil Kumar Singh v. The State Of Bihar And ORS

2015-01-27Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9858 of 2014 ====================================================== Anil Kumar Singh son of Late Braj Kishore Prasad Singh @ Heera Babu, Janki Niwas, Trafic Chouk, P.S. Begusarai Town, District Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Munger

3. The District Magistrate, Begusarai

4. The Sub-Divisional Magistrate (Sadar), Begusarai

5. Brahmdeo Prasad Gupta son of Late Jhari Das, resident- Bagha, P.S.- Town, District- Begusarai .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Hare Krishna Prasad, Advocate For the Respondent/s : Mr. Ashok Kr. Chaudhary, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 27-01-2015 Heard Mr. Hare Krishna Prasad learned counsel appearing on behalf of the petitioner and learned counsel for the State.

The writ petition has been filed for a direction to the respondent authorities to conclude the proceedings pending before the Sub-Divisional Magistrate (Sadar), Begusarai arising from Section 145 of the Code of Criminal Procedure. The petitioner complains intrusion by the private respondents over his shopping complex.

A counter affidavit has been filed on behalf of the respondent nos. 3 and 4 enclosing the order passed by the SubDivisional Magistrate, Begusarai in the proceedings initiated

Patna High Court CWJC No.9858 of 2014 (2) dt.27-01-2015 under Section 145 of the Code of Criminal Procedure and with reference thereto, it is submitted that by order passed on 4.3.2014 the proceedings have been dropped and thus the writ petition has been rendered infructuous.

In the aforesaid view of the matter, this writ petition is disposed of affording liberty to the petitioner to question the order dated 4.3.2014 passed by the Sub-Divisional Magistrate, Begusarai in the proceedings initiated under Section 145 of the Code of Criminal Procedure by filing of an appropriate application before the appropriate forum.

(Jyoti Saran, J) S.Sb/- U