Harinandan Yadav v. The State Of Bihar, Through The Director General Of Police, Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.676 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- NIRMALI District- Supaul ====================================================== HARINANDAN YADAV son of Rameshwar Yadav Resident of Village - Nakta Ward No. -08, Telwa, P.S. and District - Supaul, State - Bihar ... Petitioner

Versus

1.

The State of Bihar, through the Director General of Police, Bihar, Patna 2.

The Superintendent of police, Supaul, Bihar 3.

The Deputy- Superintendent of Police, Nirmali, Bihar 4.

The S.H.O. of Nirmali Police Station, District - Supaul, Bihar 5.

The Investigating officer of Nirmali Police Station Case No. -61/2020 Bihar 6.

Ram Vijay Pandit Son of Late Lal Mohan Pandit Resident of Village and Post - Ghurghat, P.s. - Sisaun, District - Sivan. At present posted as Block Development officer, Nirmali, District - Supaul, State- Bihar... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Kuldeep Kumar, Adv.

For the Respondents :

Mr.Saroj Kumar Sharma, AC to AAG III ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and the State. The petitioner submits, but, not sure that charge sheet has already been filed in this case or not.

The allegation against the petitioner is as per the first information report that he is in disobedience to order duly promulgated by public servant which is an offence under various provisions of the Indian Penal Code.

At this juncture, this Court is not inclined to interfere in the first information report, but, liberty is hereby granted to the petitioner to represent the Superintendent of Police, Supaul, Bihar (respondent no. 2) in the light of the order passed by the

Patna High Court CR. WJC No.676 of 2021(2) dt.28-03-2023 2/2 coordinate Bench in Cr.W.J.C. No. 153 of 2017 (Surendra Singh Vrs. State of Bihar & Ors.) and analogous cases decided on 09.09.2022 within four weeks from today and the Superintendent of Police shall consider the representation and take appropriate action.

With this observation, this criminal writ petition is disposed off.

(Dr. Anshuman, J) Shamshad/- U T