Raj Kumar Gupta v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44876 of 2011 ====================================================== Raj Kumar Gupta S/O Late Prabhu Kumar Gupta Resident Of Maripur Power House Chouck P.S. Kazimohammadpur District - Muzaffarpur, Proprietor Old Bhagirath Hotel , Court Compound District - Muzaffarpur. .... .... Petitioner

Versus

1. The State Of Bihar

2. The Employee State Insurance Corporation, through the Branch Manager , Branch Office , Employees State Insurance Corporation, Muzaffarpur.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma, Adv. For the Opposite Party/s : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

It has been contended on behalf of the petitioner that in pursuance of order dated 16.08.2012 passed under CWJC No. 11379 of 2007, the petitioner had already led his grievance before State Insurance Court wherein ESI has been noticed. In the aforesaid background it has been contended that the present prosecution should not be allowed to continue. At the other end, learned Additional Public Prosecutor opposed the prayer.

For the present, I do not perceive any authenticity with regard to submission made on behalf of the petitioner; consequent

Patna High Court Cr.Misc. No.44876 of 2011 (4) dt.27-07-2015 2/2 thereupon, instant petition is found devoid of merit and is, accordingly, rejected. Stay so granted on an earlier occasion, is hereby vacated.

However, it will be opened to the petitioner to re-agitate his grievance in the light of an order, if any, having in his favour passed by the State Insurance Court.

(Aditya Kumar Trivedi, J) Kanchan/- U T