Matlub Alam v. The State Of Bihar Through The Chief Secretary, Government Of Bihar, Patna And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.503 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- GOPALGANJ =========================================================== Matlub Alam, S/o Seraj Ahmad, R/v- Nayatola, P.S.- Kuchai Kot, Distt.- Gopalganj at present Afsana Studio, Dak Bungala Aahata, Cinema Road, Gopalganj, P.S.- Gopalganj, District-Gopalganj.
.... .... Petitioner
Versus
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Election Commissioner, Government of Bihar, Patna.
3. Bijay Shankar, the District Yozana Padadhikari, Khagaria, P.S.- Khagaria, Distt.- Khagaria.
.... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Respondent/s : Mr. Manish Kumar, GP-8 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 29-01-2016 The prayer of the petitioner in the present application filed under Articles 226 & 227 of the Constitution of India, as narrated in para 1, is as under :- "(a) That this criminal writ application is being filed for issuance of an appropriate writ commanding/directing the respondent nos. 1 to 2 to take legal action against the respondent no. 3, who is not appearing in the Court of the Learned Sri Chandrabir Singh, Judicial Magistrate, First Class,
Patna High Court Cr. WJC No.503 of 2015 dt.29-01-2016 2 / 2 Gopalganj in connection with complaint case No. 2023(c) of 2001, Trial No. 2637 of 2015 when process for the offence under Section 82 Cr.P.C. has already been issued against the respondent no.3 by order dated 28.10.2014 passed by the Court of Learned Sri Chandrabir Singh, Judicial Magistrate, First Class, Gopalganj in connection with complaint case no. 2023(c) of 2001.
(b) For issuance of any other writ or writs/order/orders as your Lordships may deem fit and proper."
In view of the availability of equally efficacious statutory remedy to the petitioner, I am not inclined to entertain the present application.
Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J.) Sanjeet/- U T