Hari Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8936 of 2015 ====================================================== Hari Narayan Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar, Advocate For the State :

Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-09-2019 A penalty for deducting Rs. 5000/- per month from salary of the petitioner on account of delay caused in the trial due to his non-appearance for deposition has been imposed in criminal trial. It has also been directed that entries of the same be mentioned in the service book of the petitioner. The order has been passed by the learned 3rd Additional District & Sessions Judge, Samastipur in Sessions Trial No. 676/07 (497/14). Writ petition has been filed for quashing of the said order, dated 21.04.2015. The order of the criminal court has been assailed in the instant civil writ proceedings since it effects the salary of the petitioner.

Since the order has been passed in a criminal proceeding, this court is, therefore, not inclined to exercise its Civil Writ Jurisdiction under Article 226 of the Constitution of India for quashing the order passed by criminal court in

Patna High Court CWJC No.8936 of 2015(4) dt.11-09-2019 2/2 Sessions Trial No. 676/07 (497/14).

The writ petition is dismissed.

Petitioner would be at liberty to avail his remedy before appropriate forum.

(Madhuresh Prasad, J) Rajeev Kumar/- U