Vikash Kumar Choudhary @ Vikash Choudhary v. The State Of Bihar, Through The Home Secretary, Government Of Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 1869 of 2018 Arising out of PS. Case No.-36 Year-2018 Thana- SC/ST DistrictPatna =============================================== Vikash Kumar Choudhary @ Vikash Choudhary S/o Mahesh Prasad, R/o Jaggi Ka Chauraha Mogalpura, P.S.- Khajeklan Patna. ... ... Petitioner/s

Versus

1. The State of Bihar, Through The Home Secretary, Government of Bihar, Patna.

2. The S.S.P. Patna.

3. The S.P. (East ) Patna.

4. The S.D.P.O. Patna City, Patna.

5. The S.H.O. Alamganj P.S.- Patna.

6. The S.H.O. Khajeklan P.S. Patna.

7. The S.H.O. S.C./S. T P.S. Patna.

8. Mr. Umesh Paswan the S.I. and Investigating Officer, S.C./S.T. Thana Patna. ... ... Respondent/s =============================================== Appearance :

For the Petitioner/s :Mr. Ravi Bhushan Prasad Verma For the Respondent/s:Mr. Prabhu Narayan Sharma, AC to AG =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 04-09-2018 Heard learned counsel for the petitioner and the State. This writ petition has been filed for direction to the concerned authorities to release the petitioner who has been illegally arrested and detained in SC/ST Thana lock-up more than thirty hours without approval of the Court.

Patna High Court Cr. WJC No.1869 of 2018 dt.04-09-2018 2/2 However, since admittedly the petitioner has already been enlarged on bail, now, the writ of habeas corpus cannot be issued.

It is urged on behalf of the petitioner that he has filed Interlocutory Application No. 2464 of 2018 for amendment of the prayer portion of this application seeking direction for quashing of Annexure-10, i.e., the remand order dated 25.07.2018 and arrest memo dated 24.07.2018, as contained in Anneure-7 and also for initiation of contempt proceeding as well as for direction to State for taking disciplinary action against respondent no. 8, i.e., the Investigation Officer who has arrested the petitioner. In our view, in the present petition, such amendment is not required to be allowed.

Accordingly, this writ application stands disposed of with liberty to the petitioner to approach the appropriate forum for redressal of his grievance if he is so advised. (Dr. Ravi Ranjan, J) Vikash/- (Madhuresh Prasad, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 06.09.2018 Transmission Date NA