High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary Shri Kishore Pra v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38971 of 2016 ======================================================
1. High Court Legal Services Committee, Patna High Court, Patna through its Secretary Shri Kishore Prasad Joint Registrar (Judicial)-CumSecretary, Patna High Court Legal Services Committee, Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The High Court of Judicature at Patna through the Registrar General, Patna High Court, Patna.
3. The Registrar General, Patna High Court, Patna.
4. The Secretary, General Administrative Department, Government of Bihar, Patna.
5. Mr. Bharat Lal, Advocate, Patna High Court, Patna.
6. Shailendra Rawani Son of Shambhu Rawani
7. Jitendra Rawani Son of Late Ganesh Rawani Both residents of Village - Akauna, P.S. - Aurangabad, District - Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP For the Patna High Court : Mr. Mrigank Mauli, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-09-2016 Heard Md. Anis Akhtar, learned Counsel, appearing on behalf of the petitioner, and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State. Heard also Mr. Mrigank Mauli, learned Counsel, appearing on behalf of the Patna High Court.
The present application, seeking modification of the order, dated 20.02.2015 aforementioned, is misconceived
Patna High Court Cr.Misc. No.38971 of 2016 (2) dt.16-09-2016 2/2 inasmuch as there is no direction to the Patna High Court Legal Services Committee to pay expenses of proceeding or the fee of amicus curiae.
Because of the fact that the appointment of Amicus Curiae in Criminal Appeal (DB) No. 354 of 1993, was not under the Patna High Court Legal Services Committee, Patna, we do not find that the prayer, calling for modification of the order, dated 20.02.2015, passed in Criminal Appeal (DB) No. 354 of 1993, calls for any interference. It is made clear that the Patna High Court Legal Services Committee has no onus or duty to pay the fee of the amicus curiae in the Criminal Appeal aforementioned.
In view of the above, this petition is dismissed. (I.A. Ansari,CJ) (Samarendra Pratap Singh, J) Mkr./- U