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Patna High CourtCWJC/9592/2019disposed

Munna Kumar Yadav @ Munna Rai v. The State Of Bihar

2019-05-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9592 of 2019 ====================================================== Munna Kumar Yadav @ Munna Rai Son of Late Sita Ram Rai Resident of Village and Post Office- Lakri Nabiganj, Police Station- O.P. Lakri Nabiganj, District- Siwan.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

The District Magistrate, District- Siwan.

3.

The Sub Divisional Officer, Maharajganj, District- Siwan. 4.

The Circle Officer, Lakri Nabiganj, District- Siwan. 5.

The Circle Inspector, Lakri Nabiganj, District- Siwan. 6.

The Revenue Karmchari, Lakri Nabiganj, District- Siwan. 7.

The Incharge Circle Inspector, Lakri Nabiganj, District- Siwan. 8.

The Officer In- Charge, Lakrinabiganj (O.P.) Basantpur Police Station, District- Siwan.

9.

Dina Rai son of Rajaram Rai Resident of Village and Post Office- Lakri Nabiganj, Police Station- O.P. Lakri Nabiganj, District- Siwan. 10.

Fulena Rai son of Rajaram Rai Resident of Village and Post Office- Lakri Nabiganj, Police Station- O.P. Lakri Nabiganj, District- Siwan. 11.

Dasai Rai son of Rajaram Rai Resident of Village and Post Office- Lakri Nabiganj, Police Station- O.P. Lakri Nabiganj, District- Siwan. 12.

Shailendra Kumar Yadav son of Rajaram Rai Resident of Village and Post Office- Lakri Nabiganj, Police Station- O.P. Lakri Nabiganj, District- Siwan. 13.

Kameshwar Yadav son of Rajaram Rai Resident of Village and Post OfficeLakri Nabiganj, Police Station- O.P. Lakri Nabiganj, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Sajid Salim Khan ( Sc25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-05-2019 A report, submitted by the Circle officer, Lakri Nabiganj, in the district of Siwan to the Sub Divisional Officer, Maharajganj, in Case No. M261 of 2017, has been put to challenge in the present writ application, filed under Article 226

Patna High Court CWJC No.9592 of 2019(2) dt.15-05-2019 2/2 of the Constitution of India.

The proceeding, which is pending before the Sub Divisional Officer, is under Section 145 of the Cr.P.C. Instead of questioning the correctness or otherwise of the report of the Circle Officer before the Sub Divisional Officer, the petitioner has filed the present application before this Court. The plea, which the petitioner is taking in the present application, could have been taken by him before the authority where the matter is pending.

This application, therefore, cannot be maintained and is disposed of with the liberty to the petitioner to take the plea before the appropriate authority in accordance with law. (Chakradhari Sharan Singh, J) Pawan/- U