Patna High CourtCR. WJC/1101/2015disposed

Santosh Kumar Sah v. The State Of Bihar Represented Through The Director General Of Police And ORS.

2017-03-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1101 of 2015 ====================================================== Santosh Kumar Sah Son of Late Damodar Sah resident of Village:- Kaliyaganj, Anchal: Palasi, District: Araria, PIN: 854333, Bihar; .... .... Petitioner/s

Versus

1. The State of Bihar represented through the Director General of Police;

2. The Superintendent of Police, Araria:

3. The Deputy Superintendent of Police, Araria;

4. The Medical Officer, Sadar Hospital, Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Respondent/s : Mr. Sc32-R.K.Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-03-2017 This writ application under Articles 226 and 227 of the Constitution of India is for a direction to the learned Trial Court i.e. the Court of learned Additional District & Sessions Judge, IV, Araria to mark the postmortem report of the deceased Late Damodar Sah as exhibit in Sessions Trial No. 183 of 1999, arising out of Palasi P.S. Case No. 64 dated 04.08.1983. There is no case that the learned Trial Judge is refusing to mark the document as exhibit, rather the case is that the postmortem report is not available on the record. The State authorities in their counter affidavits asserted that the original postmortem report was handed over to the police Jageshwar Singh. Moreover, a copy of the same is available in the office of

Patna High Court Cr. WJC No.1101 of 2015 (3) dt.06-03-2017 2/2 Sadar Hospital, Araria and the respondents are ready to produce the same as and when required or directed by this Court or by the learned Trial Court.

In view of the aforesaid counter affidavit, the petitioner is at liberty to file a petition before the learned Trial Court to call for the original of the postmortem report and in absence thereof, the copy of the same from the concerned custodian and to mark the same as exhibit in the case. With the aforesaid observations, the writ application stands disposed of.

(Birendra Kumar, J) Shageer/- U T