Patna High CourtCR. WJC/497/2016dismissed

Rajendra Mishra And ANR. v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, And ORS.

2018-07-11Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.497 of 2016 Arising Out of PS. Case No.-2954 Year-2012 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================

1. Rajendra Mishra son of Late Jai Narayan Mishra, Resident of Mohalla- Dr. Narayan Prasad Lane, Nanmuhiya, P.S.- Sultanganj, District- Patna

2. Niva Thakur, W/o Navin Kumar Thakur both resident of House No. 34, Road No. 9 C, Mohalla + P.S.- Rajiv Nagar, DistrictPatna ... ... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar

2. The Sessions Judge, Patna

3. The Munsif-II, Patna

4. Kumari Jyotsna, Judicial Magistrate 1st class, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Bhartiya, Advocate For the Respondent/s :

Mr. Harish Kumar (GP 32) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-07-2018 This writ application seems to be totally misconceived inasmuch as these petitioners, being accused in a complaint case, want their application should be considered by the learned Magistrate even though they have not appeared in the Court.

Learned counsel for the petitioners submits that these petitioners have appeared through their Advocate by filing such petitions, however, is unable to show that they have either obtained bail and surrendered in the court below or have obtained exemption or dispensation with their personal appearance in terms of Section 205 of the Code of Criminal Procedure. In absence of any such pleadings, the grievance of

Patna High Court Cr. WJC No.497 of 2016(4) dt.11-07-2018 2/2 the petitioners that their applications filed in the complaint case are not being considered, seems to be totally misconceived. The writ application stands dismissed.

(Rajeev Ranjan Prasad, J) avin/- U T