Syed Naiyar Haroon v. The State Of Bihar Through Home Secretary Government Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1430 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Syed Naiyar Haroon Son of Syed Md Haroon @ S.M. Harron @ Mahammad Harron , Resident of Flat No. 103 Faiz Apartment Khagari Gali Road, P.O.- B.V College, P.S.- Shashtri Nagar, Distt.- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar Through Home Secretary, Government of Bihar, Patna and Ors 2.
The Chief Secretary Govt. of Bihar, Patna.
3.
The Director General of Police, Bihar, Patna. 4.
The Deputy Inspector General, Patna Range, Patna. 5.
The District Magistrate, Patna.
6.
The Senior Superintendent of Police Bihar, Patna. 7.
The City Superintendent of Police, Patna Distt. Patna. 8.
Syed Sameena Hussain, daughter of SS Eqbal Hussain, resident of House No. 326, Patliputra Colony, P.S.- Patliputra, Distt.- Patna. 9.
Dr. S S Eqbal Hussain, Son of Late Syed Hasrat Hussain, resident of House No. 326, Patliputra Colony, P.S.- Patliputra, Distt.- Patna. ... ... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No. 282 of 2018 In Criminal Writ Jurisdiction Case No.1283 of 2016 ====================================================== Syed Sameena Hussain Daughter of Dr. S.S. Eqbal Hussain, Resident of House No.-326, Patliputra Colony, P.S.-Patliputra, District-Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar Through Home Secretary Mr. Amir Subhani, Govt. Of Bihar and Anr 2.
Syed Naiyer Haroon, Son of Syed Md. Haroon, Resident of Flat No.-103, Faiz Apartment, NearBelal Hasid, Khagari Gali, Samapura, P.O.-B.V. College, P.S.-Shastri Nagar, District-Patna.
... ... Opposite Party/s ====================================================== with Miscellaneous Jurisdiction Case No. 498 of 2018 In Criminal Writ Jurisdiction Case No.1283 of 2016
2/4 ====================================================== Syed Naiyar Haroon Son of Syed Md. Haroon Resident of Flat No.103, Faiz Apartment, Khagari Gali Road, Samanpura, P.O. B.V. College, P.s. Shastri Nagar, District- Patna.
... ... Petitioner/s
Versus
1.
The State Of Bihar Through Home Secretary Amir Subhani Govt. Of Bihar, Patna and Ors 2.
Syed Sameena Hussain Daughter of Dr. S.S. Eqbal Hussain Resident of House No. 326, Patliputra Colony, P.S. Patliputra , Distt.- Patna. 3.
Dr S.S. Eqbal Hussain Son of late Syed Hasrat Hussain Resident of House No. 326, Patliputra Colony, P.S. Patliputra , Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Writ Jurisdiction Case No. 1430 of 2018) For the Petitioner/s :
Mr.Surya Narayan Roy For the Respondent/s :
Mr. Saroj Kumar Sharma, AC to AAG-3 (In Miscellaneous Jurisdiction Case No. 282 of 2018) For the Petitioner/s :
Mr.Binod Kumar Sinha For the Opposite Party/s :
Mr.P. K. Verma - Aag 3 (In Miscellaneous Jurisdiction Case No. 498 of 2018) For the Petitioner/s :
Mr.Surya Narayan Roy For the Opposite Party/s :
Mr.Parth Sarthy G A 4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-02-2021 Sri Surya Narayan Roy, learned counsel for the petitioner has placed on record the following order dated 15.06.2020 passed in Miscellaneous Application No. 942 in SLP (Crl) No. 911/2020 titled as Syed Maiyar Haroon Vs. Syed Sameena Hussain & Ors. by Hon'ble the Apex Court which is extracted hereinunder:- "Heard. Mr. Shoeb Alam and Mr.
Gaurav Agrawal, learned counsel for
3/4 the parties.
In the peculiar facts and circumstances of the case, we pass following directions:
(a) the petitioner-father shall be given access through electronic mode either through whatsapp video call or skype call and have a dialogue with the child.
(b) Since the child is autistic at this stage, such access through electronic mode be granted once a week for half an hour.
Mr. Alam submits that the access be granted on every Saturday. His request is accepted.
(c) The respondent-wife shall facilitate grant of such access through electronic mode by making appropriate connection so that the father can establish contact and conversation with the child.
List for further consideration in the last week of July, 2020.
The coordination in so far as the date and time are concerned, shall be arrived at through mutual consensus between the learned counsel appearing for the parties."
In view of the same, learned counsel for the petitioner Sri Surya Narayan Roy, seeks permission to withdraw the
4/4 present petition for the reason that the same has become infructuous.
We do not express any opinion on the merits Petition stands disposed of as withdrawing having become infructuous.
I.A., if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivU