Kumar Ranvijay Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3139 of 2019 ====================================================== Kumar Ranvijay Singh S/o Late Ram Anugrah Singh, resident of VillageAmarua, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Excise, Prohibition and Registration Bihar, Patna.

2.

The Joint Commissioner of Excise, Bihar, Patna. 3.

The Deputy Commissioner Excise, Magadh Division, Gaya. 4.

The Assistant Commissioner of Excise, Gaya.

5.

The Sub Inspector of Excise, Gaya.

6.

The General Manager, District Industries Centre, Gaya. 7.

The Chairman cum-Managing Director, Bihar State Financial Corporation Limited, Patna.

8.

The Assistant General Manager, Appraisal Group, B ihar State Financial Corporation Limited, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Mr. Sudhir Kumar Sinha For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 24-06-2019 Heard Mr. Arvind Kumar, learned counsel for the petitioner, Mr. Vishwa Bibhuti Kumar, learned AC to AG and Mr. Rajnandan Prasad, learned counsel for the Bihar State Financial Corporation.

The petitioner prays for compensation of Rs. 50 lac on the ground that he has been subjected to malicious prosecution by the State by registration of Excise Case no. 01 of 1991 which

Patna High Court CWJC No.3139 of 2019 dt.24-06-2019 2/2 ultimately resulted in his acquittal. It is making complaint of suffering mental and physical agony by the petitioner while defending himself in the case, which has led to filing of the present writ petition.

Having heard learned counsel for the parties and considering that the relief prayed in the writ petition is not based on any statutory provision rather it is complaining of pain, suffering and harassment that a prayer for payment of compensation is made before this Court, we are not persuaded to grant indulgence to the prayer made by the petitioner but would allow him to take recourse to such civil or criminal law remedy that may be available to him in law.

With liberty aforementioned, we dispose of the writ petition.

(Jyoti Saran, J) ( Partha Sarthy, J) Sushma/Prakash AFR/NAFR NAFR CAV DATE NA Uploading Date 27.6.19 Transmission Date NA