Patna High CourtCR. WJC/116/2016dismissed

Anzar Alam Khan @ Anzar Khan v. The State Of Bihar Through The District Magistrate, Darbhanga And ORS

2016-02-01Justice Smt. Nilu Agrawal,Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.116 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- DARBHANGA =========================================================== Anzar Alam Khan @ Anzar Khan S/o Munif Khan resident of village - Dhakjari, P.S. Biraul, District - Darbhanga.

.... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Darbhanga.

2. The Senior Superintendent of Police, Darbhanga.

3. The Sub-Divisional Police Officer, Biraul, Darbhanga. .... .... Respondents =========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 01-02-2016 On behalf of Sri Dharmendra Jha, learned Advocate for the petitioner, it is prayed that the case may be passed over.

The order being challenged is an order passed under the Bihar Crimes Control Act, 1981. We went through the pleadings. Learned counsel for the State pointed out that this writ petition is infructuous. We agree. By this writ petition, what has been challenged is the order of the District Magistrate dated 28.09.2015, by which he has passed an externment order as against the writ petitioner to keep himself out of district of Darbhanga for the period 05.10.2015 to 05.01.2016, a period

Patna High Court Cr. WJC No.116 of 2016 dt.01-02-2016 long since expired. This writ petition was filed on 30.01.2016, after expiry of the said period of externment. From the records, we find that this application had been ready for filing after affidavit and other formalities on 16.10.2015. No further steps were taken and it was served on the Advocate General on 25.01.2016, and filed thereafter.

In view of the facts aforesaid, we find that this writ petition had already become infructuous even before it was filed. We, accordingly, dismiss it as not maintainable. (Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Rajeev/N.A.F.R.

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