Pappu Kumar Singh @ Pappu Singh @ Pappu Kumar v. The State Of Bihar, Through The Chief Secretary, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.936 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Buxar ====================================================== Pappu Kumar Singh @ Pappu Singh @ Pappu Kumar Late Hari Singh @ Hira Singh @ Hiraji Ray R/O Village- Kharwaniya, Police StationNawanagar, District- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar, Through the Chief Secretary, Govt. Of Bihar, Patna Bihar 2.

The Commissioner, Patna Division, Patna Bihar 3.

The Director General of Police, Govt. Of Bihar, Patna Bihar 4.

The District Magistrate, Buxar Bihar 5.

The Superintendent of Police, Buxar Bihar 6.

The Station House Officer, Nawanagar Police Station, Buxar Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.Madhukar Mishra, Ac to Sc 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 07-05-2024 In the instant petition, petitioner has prayed for the following relief(s):- "That this application for issuance of writ in the nature of certiorari or any other appropriate writ(s), Order(s) or Direction(s) for quashing the order as contained in memo no. 217 dated 05.04.2024 issued under signature of District Magistrate, Buxar in Bihar Crime Control Act, Case No. 162/2023-24 (The

Patna High Court CR. WJC No.936 of 2024(2) dt.07-05-2024 2/3 State of Bihar vs. Pappu Kumar @ Pappu Singh) whereby the petitioner had been directed to physically present before the Station House Officer, Buxar at 10:00 A.M.

to 04:00 P.M. dated 20.04.2024 to 05.06.2024 failing which the petitioner shall be arrested and for violation of the order a sum of Rs. 2 lacs shall be recovered as fine and the petitioner further prays for issuance of a direction for not to give effect of the aforesaid order and further the petitioner pray for issuance of such or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances stated hereinafter."

2. The petitioner has statutory remedy of appeal before the Regional Commissioner against the order 05.04.2024. Without exhausting statutory remedy, petitioner has rushed to this Court. Accordingly, the present petition disposed of as premature.

3. Be that as it may, in the event of filing appeal before Regional Commissioner. The appeal along with the Interlocutory Application seeking interim against order dated 05.04.2024, in that event Appellate Authority is hereby requested to decide the Interlocutory Application for staying the operation of order dated 05.04.2024 within a period of one week. Thereafter, Appellate Authority is hereby requested to decided the petitioner's appeal to be filed within a reasonable

Patna High Court CR. WJC No.936 of 2024(2) dt.07-05-2024 3/3 period of one month from the date of filing such appeal. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) abhishekkr/- U