Vishwanath Rai v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.688 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- VAISHALI(HAJIPUR) =========================================================== Vishwanath Rai, Son of Sita Ram Rai, Resident of village + P.O. Gouspur Izra, P.S.- Hajipur Sadar, District - Vaishali at Hajipur .... .... Petitioner

Versus

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

2. The Director - cum - Inspector General of Police, Govt. of Bihar, Patna

3. Superintendent of Police, Patna

4. Sub - Inspector of Police, Police Station, Bihata

5. Brij Nandan Prasad Singh, Son of Late Gopal Singh, Resident of village - Milkipar, P.S.- Bihta, District - Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Amaresh Kumar Sinha, AC to GA-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 13-02-2015 In this application filed under Articles 226 and 227 of the Constitution of India the petitioner seeks a direction to be issued upon the respondents to execute the non-bailable warrant of arrest issued against an accused in Complaint Case No. C12537/2009/Tr. 634/2009 pending in the Court of Judicial Magistrate-1st Class,

Patna High Court Cr. WJC No.688 of 2014 dt.13-02-2015 2 / 2 Hajipur. In the aforesaid case cognizance has been taken under Section 420 of the Indian Penal Code and 138 of the N.I. Act. The matter is pending in the Court below. The writ jurisdiction of this Court cannot be used for executing an order passed by the Magistrate.

In that view of the matter, I find no merit in the present application. Accordingly, the application is dismissed. (Ashwani Kumar Singh, J) Sanjeet/- U T