Krishna Kumar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15145 of 2014 ====================================================== Krishna Kumar Prasad son of Ram Chandra Prasad, resident of VillageSundarpatti, P.S.- Pakri Dayal, District- East Champaran ... ... Petitioner

Versus

1.

The State Of Bihar through the Director General of Police, Patna. 2.

The Inspector General of Police, Bhagalpur Zone . 3.

The Deputy Inspector General of Police, Munger. 4.

The Deputy Inspector General Tirhut Range, Muzaffarpur. 5.

The Superintendent of Police, Muzaffarpur.

6.

The Superintendent of Police, Lakhisarai.

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

For the Petitioner :

Mr.Mukesh Kumar with Mr. Bijay Kumar Pandey, Advocates For the Respondents :

Mr.Upendra Kr. Singh AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 05-11-2019 Heard learned counsel for the petitioner and learned counsel for the Respondent- State.

2. The petitioner has suffered cancellation of his promotion by order dated 20.06.2012, issued by the Superintendent of Police, Lakhisarai. Prima facie, the same was on account of submission of charge sheet in Chapra Rail P.S. Case No. 31/ 2006 on 10.05.2006.

3. The counsel for the petitioner submits that

Patna High Court CWJC No.15145 of 2014 dt.05-11-2019 2/3 on account of insufficiency of evidence, the petitioner was finally acquitted in the criminal proceedings under order dated 16.01.2014 passed by the Railway Court, Sonepur, at Saran.

4. In view of the said developments the order dated 20.06.2012 requires a re-consideration as the substratum of the order being the charge sheet filed in a criminal case has ceased to exist. In this regard, he has already approached the Deputy Inspector General of Police, Munger Range, (Respondent No.3) by filing representations which are Annexure(s) 4 and 4/1 to the writ petition. 5.In view of the said developments being placed on record, nothing remains for adjudication in the instant proceedings as the Authorities are required to pass order having regard to the petitioner's acquittal in the criminal trial.

6. In view of the aforesaid circumstance, the writ petition is disposed off with direction to the Deputy Inspector General of Police, Munger (Respondent No.3 ) to dispose off the petitioner's representation by a reasoned and speaking order

Patna High Court CWJC No.15145 of 2014 dt.05-11-2019 3/3 within a period of three (03) months from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) shyambihari/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 13.11.2019 Transmission Date N/A