← Library
Patna High CourtCR. WJC/519/2024disposed

Niraj Kumar @ Niraj Yadav v. The State Of Bihar, Through The Collector, Nalanda

2024-07-05Mr. Justice P. B. Bajanthri,Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.519 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda ====================================================== Niraj Kumar @ Niraj Yadav S/o Sri Vijay Yadav R/o vill - Kundpar, P.S. - Rajgir, Distt. - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Collector, Nalanda Bihar 2.

The District Magistrate-cum-Collector, Nalanda, Distt. - Nalanda Bihar 3.

The Superintendent of Police, Nalanda, Distt. - Nalanda Bihar 4.

The Officer-In-Charge, Rajgir Police Station, Distt. - Nalanda Bihar 5.

The Officer-In-Charge, Chhabilapur Police Station, Rajgir, Distt - Nalanda Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anwar Karim, Adv For the Respondent/s :

Mr.Sumant Kumar Singh, Adv.

Mr. Vinay Kirti Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY C.A.V. JUDGMENT (Per: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY) Date : 05-07-2024 The present criminal writ petition has been filed by the petitioner against the order dated 20.10.2023 (Annexure-5) passed by the respondent no. 2, namely, the District Magistratecum-Collector, Nalanda, in B.C.C.A. Case No. 07 of 2023.

2. By filing the present writ petition, the petitioner has sought for the following relief:- (i) For issuance of an appropriate writ writ, order or direction for quashing the order dated 20.10.2023 passed by the District Magistrate-cumCollector, Nalanda, whereby on the report dated

Patna High Court CR. WJC No.519 of 2024 dt.05-07-2024 2/2 24.06.2023 submitted by the Superintendent of Police, Nalanda, the District Magistrate-cum-Collector, Nalanda has passed the impugned order dated 20.10.2023 under section 3 of the Bihar Control of Crimes Act, 1981 directing the petitioner to ensure his attendance before the Officer-in-Charge, Rajgir three days in a week i.e. Monday, Wednesday and Friday restraining movement of the petitioner outside the police station's area without the permission of the Officer-in-Charge, Chhabilapur, Rajgir. And/or (ii) To pass such other order or orders as may deem fit and proper in the facts and circumstances of this case.

Perusal of the impugned order shows that it has been made effective only for a period of three months from the date of passing of the order i.e. 20.10.2023. As on this day the impugned action of the order dated 20.10.2023 has already spent its force. Therefore, nothing remains in the present petition. Accordingly, petition stands disposed of. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) mcv/- AFR/NAFR NAFR CAV DATE 28.06.2024 Uploading Date 08.07.2024 Transmission Date NA