Nand Lal Sahani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8937 of 2008 ====================================================== Nand Lal Sahani , son of Late Ram Prasad Sahani constable No. 610, B.M.P. 6 ( Terminated), Muzaffarpur, permanent resident of village Dadar Durga Asthan, Police station baria, Police Station Ahiyapur, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director General of Police, Bihar, Patna

3. The Additional Director General Bihar Military Police , Patna

4. the Deputy Inspector General, Bihar, Military Police North Zone Muzaffarpur

5. the Commandant, Bihar Military Police 6,Muzaffapur

6. The Deputy Superintendent of Bihar Military Police 6, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Jha For the Respondent/s : AC to GA No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-04-2015 After some argument, Sri Prabhakar Jha, learned counsel for the petitioner, in presence of learned AC to GA No. 1, makes a prayer for disposal of the present writ petition, so that, petitioner may avail remedy as prescribed under Bihar Police Manual.

As prayed, the writ petition stands disposed of with liberty as indicated above.

It goes without saying that if within eight weeks from today, the petitioner avails remedy under the Bihar Police Manual, the authority concerned may not reject the same on the ground of limitation since the petitioner was pursuing the matter

Patna High Court CWJC No.8937 of 2008 (3) dt.07-04-2015 2/2 before this court. The writ petition was filed on 24.6.2008 and it was pending till date.

Accordingly, while considering the limitation, the authority concerned may consider to exclude the period consumed in pursuing the present case.

The Court expects that if such application is filed by the petitioner within aforesaid time, the authority concerned may examine the same on its merit without being prejudiced with this order and pass appropriate order in accordance with law preferably within a period of three months from the date of filing of such application.

(Rakesh Kumar, J) Praful/- U