Ajay Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.8598 of 2015 (3) dt.01-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8598 of 2015 Arising Out of PS.Case No. -45 Year- 2014 Thana -AMAS District- GAYA ====================================================== AJAY KUMAR SINGH SON OF SRI RAVINDRA PRASAD RESIDENT OF MOHALLA - NEW AREA, P.S. - TOWN, DISTRICT - AURANGABAD.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner has not been arrayed as an accused nor the police have taken process against him as such, petitioner's status is not at all identified as an accused. That being so, instant petition happens to be premature which, the learned lower court should have considered, and is accordingly disposed of. However, it is expected that taking into account the nature of offence, the sentence prescribed therefor and further having presence of Section 41 of the Criminal Procedure Code whereunder certain precautions have been prescribed to be followed by the Investigating Officer is expected to act in terms thereof.

(Aditya Kumar Trivedi, J.) PN/- U T