Arbind Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4569 of 2017 Arising Out of PS. Case No.-1103 Year-2001 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Arbind Kumar Singh S/o Late Nand Kishor Singh, Resident of Muhalla Clube Road Aurangabad Dist.- Auranagabad.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

S. Sidharth, The Then District Magistrate Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner as well as learned APP.

Gone through the order impugned dated 23.02.2016 passed by the Chief Judicial Magistrate, Aurangabad relating to Complaint Case No. 1103/2001 dismissing the complaint petition for want of sanction.

Learned counsel for the petitioner has submitted that sanction is to be filed during course of pendency of the complaint petition.

This is not the issue. The issue is that once the Chief Judicial Magistrate, Aurangabad has directed and affirmed by the High Court under Cr. Misc. No. 22791/2003, then in that circumstance, it was obligatory on the part of the petitioner to

Patna High Court CR. MISC. No.4569 of 2017(2) dt.16-05-2019 2/2 procure the same.

That being so, there happens to be no cogent reason to differ from the finding arrived at by the learned CJM. Consequent thereupon, instant petition is rejected. (Aditya Kumar Trivedi, J) perwez U T