Pradeep Kumar Panjiyara @ Pradeep Kumar Panjiyar v. The State Of Bihar Through Principal Secretary Home Deptt. Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.517 of 2019 Arising Out of PS. Case No.-889 Year-2018 Thana- KATIHAR District- Katihar ====================================================== Pradeep Kumar Panjiyara @ Pradeep Kumar Panjiyar, aged about 46 years, Male, S/o Late Pran Kisto Panjiyar, Resident of Baniya Tola, Katihar, P.S. and District- Katihar.

... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, Home Deptt. Bihar, Patna. 2.

The Superintendent of Police, Katihar.

3.

The S.H.O., Katihar Town (Sahayak) Police Station, Katihar, DistrictKatihar. 4.

Sudha Pandey, W/o Niraj Pandey, Resident of Village and P.S.- Simri Bakhtiyarpur, District- Saharsa, presently residing at M.S. Academy, Bheriya Rahika, P.S.- Sahayak, District- Katihar. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Kumar Jha-Advocate For the Respondents :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2019 It is submitted by the learned counsel for the petitioner that since charge-sheet has already been filed in the case and the court concerned has yet not taken cognizance of the offence, the writ petition may be disposed of with liberty to the petitioner that in case an adverse order is passed against the petitioner after going through the report submitted under Section 173(2) of the Code of Criminal Procedure, the petitioner would be at liberty to challenge the same by filing an appropriate application.

Regard being had to the subsequent developments

Patna High Court CR. WJC No.517 of 2019(3) dt.04-11-2019 2/2 after filing of the present application and the submissions made by the learned counsel for the petitioner, this application is disposed of with liberty to the petitioner that in case an adverse order is passed by the learned Magistrate after going through the materials collected during investigation and the report submitted under Section 173(2) of the Code of Criminal Procedure by the Investigating Officer, he would be at liberty to challenge the same in accordance with law.

(Ashwani Kumar Singh, J) vikash/- U T