Patna High CourtCWJC/1408/2015disposed

Maheshwari Devi v. The State Of Bihar And ORS

2017-02-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1408 of 2015 =========================================================== Maheshwari Devi, W/o Sri Ram Swaroop Yadav, Resident of Village-Karanja, P.O.- Jakhaim, District- Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Regional Deputy Director, Education Department, Gaya, Magadh Range, Gaya.

3. The District Education Officer, Nawada.

4. The District Magistrate Nawada.

5. The Police Superintendent Nawada.

6. The District Programme Officer, Establishment, Aurangabad.

7. The District Magistrate, Aurangabad.

8. The Superintendent of Police, Aurangabad, District- Aurangabad.

9. The Officer Incharge, Nagar Police Station, Nawada, District- Nawada. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 06-02-2017 The instant writ application has been filed for issuance of a direction to the respondents to declare the husband of the petitioner traceless or dead as her husband disappeared on 19.06.1999 while he was working as an Assistant Teacher at High School, Paharia, Nawada and since then he is traceless. The

Patna High Court CWJC No.1408 of 2015 dt.06-02-2017 2 / 2 petitioner has further prayed for issuance of a direction to the respondents to pay family pension and other admissible dues to her.

2. From the counter affidavit filed on behalf of the respondent no.1, it would be evident that in respect of the claim of the petitioner, an FIR has recently been instituted on 2nd of August, 2016, vide Nawada Town P.S. Case No. 423 of 2016 under Section 363 of the Indian Penal Code. The case is still under investigation.

3. In view of the fact that the police case instituted on the written report of the petitioner is still under investigation, no relief can be granted to the petitioner at this stage.

4. Accordingly, the writ application is disposed of with liberty to the petitioner to seek redressal of her grievance by filing an appropriate application only after police investigation is concluded and a final report under Section 173(2) of the Cr.P.C. is submitted before the Court.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.02.2017 Transmission Date NA