← Library
Patna High CourtCWJC/1987/2017disposed

Rajesh Kumar Singh v. The State Of Bihar And ORS

2024-12-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1987 of 2017 ====================================================== Rajesh Kumar Singh Son of Late Dr. Rameshawar Singh, Resident of VillageSenuwariya, P.S.-Majhualiya, Dist.-West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Home, Bihar, Patna.

2.

The Secretary, Department of Law, Bihar, Patna 3.

The Deputy Secretary, Department of Law, Bihar, Patna. 4.

The District Magistrate, West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate Mr. Sharad Kumar Verma, Advocate Mr. Surendra Kishore Thakur, Advocate For the State :

Mr.Md. Rashul Haque -Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2024 The present writ petition has been filed seeking the following reliefs:- "1 (1) For issuance of an appropriate writ directing and commanding the respondent authorities to produce the list of Special Public Prosecutor appointed by the State Government for conducting the cases relating to the S.C. & S.T. Act as appointment has been made without calling for a panel from the District Magistrate, in contravention of the guidelines issued by the Secretary, State of Bihar, vide its letter dated 20.01.2016 and after hearing the parties, the same may be quashed.

(II) Similarly for a direction to the respondents authorities to produce the panel of Special Public Prosecutor appointed by the State for conducting the

Patna High Court CWJC No.1987 of 2017(3) dt.05-12-2024 2/2 cases relating to the Essential Commodity Act as the same has been prepared without calling for the list from the concerned District Judge.

(III) For a further direction to the respondent authorities not to act in contradiction of letter dated 20.01.2016, while making appointment of Public Prosecutors (P.P.) to conduct the cases on behalf of the State as the tenure of the Public Prosecutors, appointed in the district of West Champaran, has expired and the State Government shall take steps for appointment of Public Prosecutors." 2.

At the outset, the learned counsel for the respondent-State submits that since the term of the Special Public Prosecutors is only of three years, the present writ petition has been rendered infructuous with the efflux of time.

3.

In view of the aforesaid, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U