Devendra Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13688 of 2018 ====================================================== Devendra Choudhary, S/o Shri Asharfi Choudhary, R/o Vill + P.O. Chhitrauli, P.S. Maniari, Dist.-Muzaffarpur A/P Inspector of Police, Special Branch, Bihar, Patna.

... ... Petitioner

Versus

1. The State of Bihar, through the Home Secretary, Govt of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Additional Director General, Special Branch, Patna

4. The Inspector General, Special Branch, Patna.

5. The Deputy Inspector General, Special Branch, Patna

6. The Superintendent of Police (A) Special Branch, Patna.

7. The Superintendent of Police, District Nawada. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Pandey, Aqdvocate For the Respondent/s :

Mr. Partha Sarthi -GA-4 Mr. Kumar Vikram, A.C. to G.A.-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is facing a criminal case vide Nawada P.S. Case No. 29 of 2012 for the offence under Sections 343, 323, 302, 201/34 of the Indian Penal Code, making allegation that the victim had died in the Police custody. A departmental proceeding was initiated against the petitioner, but at his behest the departmental proceeding has been stayed till the disposal of the criminal case.

Patna High Court CWJC No.13688 of 2018(3) dt.17-12-2018 2/2 In this writ petition, the petitioner is challenging the order of suspension, he cannot be allowed to play hot and cold at the same time.

In such view of the matter, this Court does not find any merit in this writ petition, accordingly, the same is dismissed.

(Shivaji Pandey, J) pawan/- U