Ashok Singh v. The State Of Bihar Through Principal Secretary Department Of Home,Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.796 of 2019 Arising Out of PS. Case No.-168 Year-2017 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Ashok Singh Son of Jhingan Singh @ Jhigan Singh Resident of Village - Bhairopur, P.S.- Bhagwanpur, Distt - Kaimur at Bhabua. ... ... Petitioner

Versus

1.

The State of Bihar Through Principal Secretary Department of Home, Patna Bihar.

2.

Ashok Kumar Singh Son of Late Ram Karan Singh Resident of Village - Malik Sarai, P.S.- Chainpur, Distt - Kaimur at Bhabua. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh For the Respondent/s :

Mr. Md. Nadim Seraj ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner.

This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the summoning order dated 29.01.2018 passed by the learned ACJM-II, Kaumur at Bhabua in Complaint Case No. 168 of 2017.

In view of the statutory remedy available to the petitioner under Section 482 of the Code of Criminal Procedure, I am not inclined to entertain this application either in extraordinary writ jurisdiction under Article 226 or in supervisory jurisdiction under Article 227 of the Constitution of India.

Patna High Court CR. WJC No.796 of 2019(2) dt.06-05-2019 2/2 Accordingly, the application is disposed of with liberty to the petitioner to assail the order impugned by way of filing an appropriate application under the statutory provision of the Code of Criminal Procedure for quashing the aforesaid order.

In case, the petitioner files photostat copies of the complaint and the order impugned, registry shall return the same to the petitioner after retaining photostat copies on the record. (Ashwani Kumar Singh, J) pradeep/sneha U T