Mahindar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11380 of 2013 ====================================================== Mahindar Yadav son of Rajo Yadav, resident of Village-Bahloria, Police Station- Sahibpur Kamal, District-Begusarai, At Present Mukhiya Sandalpur Panchayat, Sahibpur Kamal Block, District - Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State Electric Commission, Bihar, Patna through its Election Commissioner

3. The State Election Commissioner, Bihar, Patna

4. The Deputy Secretary, State Electrion Commission, Bihar, Patna

5. The District Magistrate, Begusarai

6. The Block Development Officer, Sahebpur Kamal, District - Begusarai

7. Bijay Yadav son of Late Ramchairtra Yadav, resident of Geyan Tola, P.S. Sahebpur Kamal, District - Begusarai .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 18-12-2015 None appears on behalf of the petitioner.

Mr. Krishna Kumar, Assisting Counsel to G.P.-26 appears for the State and Mr. Sanjeev Nikesh appears for the State Election Commission.

The petitioner is aggrieved by the order dated 25.4.2013 passed by the State Election Commission in Complaint Case No. 07 of 2012, whereby he has issued directions for institution of a criminal case against the petitioner. Learned counsel for the State on instructions informs

Patna High Court CWJC No.11380 of 2013 (2) dt.18-12-2015 that the criminal case has since been instituted in the light of the directions passed by the State Election Commission. In the circumstances that there is no other prayer made in the writ petition except to restrain the institution of the criminal case which has already been registered, the matter has been rendered infructuous and this writ petition is disposed of accordingly.

This order, however, would not preclude the petitioner to question the criminal case so instituted on its own merits before the appropriate forum.

(Jyoti Saran, J) S.Sb/- U