Birendra Sah @ Birendra Prasad @ Birendra Shah @ Virendra Prasad v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Siwan

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1082 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- Siwan ====================================================== Birendra Sah @ Birendra Prasad @ Birendra Shah @ Virendra Prasad Son of Naresh Sah R/O VILL. AND P.S. - BARHARIYA, DIST - SIWAN, PIN841232. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Government of Bihar, Siwan.

2.

The Divisional Commissioner, Saran at Chapra. 3.

The District Magistrate, Siwan.

4.

The Superintendent Of Police, Siwan.

5.

The S.H.O., Barharia, Dist.- Siwan.

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Respondent/s :

Mr. G.P 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 19-06-2024 In the instant petition, petitioner has prayed for following relief(s):- "To issue a writ in the nature of Certiorari to quash the order dated 15.04.2024 (AnnexureP/3) passed in C.C.A. Case No.113/2024 passed by learned District Magistrate, Siwan whereby and whereunder learned District Magistrate has passed the order u/s 3 of Bihar Crime Control Act to oust the petitioner from the District (Siwan) Territorial Area from 27.04.2024 to 06.06.2024; Thus passed the order of Jilabadar. (ii) To hold and declare that petitioner is the said impugned order is an arbitrary order passed in violation of law emanating from

Patna High Court CR. WJC No.1082 of 2024(3) dt.19-06-2024 2/2 Article 16, 19 and 21 of the Constitution of India.

(iii) To issue a writ in the nature of mandamus to restrain the respondents to disturb the personal and political life of petitioner in absence of any essence of criminality coming out of the personal concern of petitioner.

(iv) To grant any other reliefs for which petitioner is entitled to have in connection with the aforesaid grievance."

2. Conditional interim order was granted on 23.05.2024. As on today order dated 15.04.2024 do not existing in the eye of law for the reasons that order dated 15.04.2024 was in vague during the intervening period from 27.04.2024 to 06.06.2024.

3. Accordingly, the present petition stands disposed of as it has become infructuous.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) amitkumar/- U T