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Patna High CourtCWJC/23360/2013dismissed

Sanjay Kumar Choudhary v. The State Of Bihar And ORS

2016-07-14Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23360 of 2013 =========================================================== Sanjay Kumar Choudhary, son of Ramjipaswan, resident of village Narkatiya P.S. Basopatti, Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate , Madhubani

3. The Sub-Divisional Officer, Madhubani

4. The Circle Officer, Madhubani

5. Mukteshwar Mishra son of Late Upendra Mishra, resident of Ward No. 20, P.S. Madhubani .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. MD. SOBAN ASGHAR For the Respondent/s : Mr. RAVINDRA KR CHOUBEY Mohini Kumari, AC to SC 22 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 14-07-2016 Heard.

In this writ application filed under Article 226 of the Constitution of India, the petitioner prays for a direction on the respondents to comply with the order dated 24.04.2012 passed by the Sub-Divisional Magistrate, Sadar, Madhubani in M.R. Case No. 32 of 2011, copy whereof is enclosed as Annexure-1. In substance, the grievance is that the said order passed by the Sub-Divisional Magistrate under section 147 of the Code of Criminal Procedure has not been taken note of and implemented by the other official respondents.

In the counter affidavit, it is stated that the Circle Officer has taken steps in the light of the said order of the Sub-Divisional Magistrate inasmuch as notices have been issued to the concerned

Patna High Court CWJC No.23360 of 2013 dt.14-07-2016 2/2 opposite parties (respondents herein).

Seen thus, the application has become infructuous. This Court may, however, further note that the jurisdiction of the writ court cannot be invoked as the executing court of the order(s) passed by the authority under the Code of Criminal Procedure. The writ application is dismissed (Kishore Kumar Mandal, J) HR/- U