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Patna High CourtCWJC/7345/2019disposed

Dr. Raj Kishore Prasad v. The State Of Bihar

2019-04-30Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7345 of 2019 ====================================================== Dr. Raj Kishore Prasad aged - 56 years, Male, S/o late Ramdutta Prasad, R/o Bhadra Ghat, Post- Gulzarbagh, P.S. Alam Ganj, District- Patna, Bihar. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Health, Government of Bihar, Patna. 3.

The Executive Director, State Health Committee, Government of Bihar, Patna.

4.

The Civil Surgeon-Cum-Chief Medical Officer, Patna. 5.

Dr. Udai Pratap Narayan Singh, the Nodal Officer-cum-in-Charge Medical Officer, Primary Health Centre, Dhanarua, Patna. 6.

Dr. Shashi Shekhar Singh, The In-charge Medical Officer, Government Hospital , Kasba, Patna City, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Singh, Advocate For the Respondent/s :

Mr.Mujtabaul Haque (GP12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-04-2019 In course of hearing, learned counsel for the petitioner has informed this court, on query, that pursuant to the impugned order, as contained in Annexure '7' to the writ application, the petitioner had filed an application in the court of learned S.D.J.M., Patna for unsealing of the Ultrasound Machine, but the said application was rejected.

The order passed by the S.D.J.M., Patna under the provisions of the Code of Criminal Procedure has not been challenged by filing an appropriate proceeding. This court being a constitutional court finds no reason to entertain the present writ application in absence of there being any challenge to the

Patna High Court CWJC No.7345 of 2019(2) dt.30-04-2019 2/2 order passed by the learned S.D.J.M., Patna refusing to unseal the Ultrasound Machine.

The petitioner, if so advised, may seek his remedy before a regular court in accordance with the provisions of the Code of Criminal Procedure.

Accordingly, this writ application stands disposed of with the liberty, as aforesaid.

(Rajeev Ranjan Prasad, J) Rajeev/- U