Ghanshyam Misra v. The State Of Bihar Through District Magistrate, Buxar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1275 of 2016 ======================================================

1. Ghanshyam Misra, Son of Baban Misra, Resident of Village- Koran Sarai, P.S.- Koran Sarai, District Buxar .... Petitioner

Versus

1. The State of Bihar through District Magistrate, Buxar, District- Buxar

2. Superintendent of Police, Buxar, District- Buxar

3. Sub Divisional Officer, Dumraon, District Buxar

4. Circle Officer, Dumraon, District- Buxar

5. Officer-in-Charge Koran Sarai Police Station Under Dumraon SubDivision, District- Buxar

6. Ramesh Dabagar Son of Late Sita Dabagar, Resident of Village- Koran Sarai, P.S.- Koran Sarai, District Buxar .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Bachan Jee Ojha, Adv. For the Respondents : Mr. Suman Kumar Jha, AC to AAG III ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-08-2017 Heard the parties.

The present writ application has been filed for issuance of appropriate writ against the respondents directing them to open the lock put on the house of the petitioner by the Officerin-Charge, Koran Sarai Police Station, Buxar, respondent no. 5 without any legal authority or judicial order in favour of respondent no. 6.

Respondent no. 6 is a private respondent.

The Deputy Superintendent of Police, Headquarter, Buxar, has filed counter affidavit stating therein that no lock was put by the police on the house of the petitioner. Criminal cases and counter cases were going on with the private respondent for said dispute.

Considering the counter statement of the Staterespondents as well as the fact that this Court can not enter into the disputed question of fact and appreciation of evidence in support of the claim of the petitioner or the private respondent no. 6, this

Patna High Court Cr. WJC No.1275 of 2016 (5) dt.31-08-2017 2/2 writ application stands disposed off as devoid of any merit. It is open to the petitioner to approach the appropriate Court for redressal of his grievance, if any. (Birendra Kumar, J) SA/- U √ T √