Sikendra Mahto @ Sikandar Mahto And ANR v. The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2128 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== 1.
Sikendra Mahto @ Sikandar Mahto and Anr son of Manik Mahto, Resident of Village Malinia, P.S. Kursela, District- Katihar. 2.
Awadhesh Mandal, son of Bilchu Mandal, Resident of Village Malinia, P.S. Kursela, District- Katihar.
... ... Petitioner/s
Versus
1.
The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Patna and Ors 2.
The State Sentence Remission Board through the Principal Secretary, Home Department, Government of 3.
The Joint Secretary-cum- Director Administration, Home Department Prison, Bihar, Patna.
4.
The Secretary, Law Department, Government of Bihar, Patna. 5.
The Additional Director General of Police, Criminal Investigation Department, Bihar, Patna.
6.
The Inspector General, Jail and Reforms Services, Bihar, Patna. 7.
The Assistant Inspector General, Jail and Reform Services, Bihar, Patna. 8.
The Jail Superintending, Divisional Jail, Katihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar Singh For the Respondent/s :
Mr.Lalit Kishore Ag ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-11-2019 We find the present petition in its present form not to be maintainable. There cannot be a petition for habeas corpus challenging the order of rejection of the application seeking remission of the sentence.
In view of the above, learned counsel for the
Patna High Court CR. WJC No.2128 of 2018(5) dt.15-11-2019 2/2 petitioner seeks permission to withdraw the present application reserving liberty to seek appropriate remedies in accordance with law, including approaching this Court by way of separate petitions, if so required and desired.
Accordingly, the application is dismissed as withdrawn with the aforesaid liberty.
(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) K.C.Jha/- U