Patna High CourtCR. WJC/917/2015disposed

Ras Bihari Singh And ORS v. The State Of Bihar Through The Secretary Department Of Home

2016-02-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.917 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SARAN ===========================================================

1. Ras Bihari Singh.

2. Raghubansh Singh @ Raghubansh Bihari Both Sons of Rajendra Singh,

3. Santosh Kumar Singh @ Santosh Singh @ Santosh Kumar.

4. Ganesh Singh @ Ganesh.

Both Sons of Ras Bihari Singh.

5. Deepak Kumar @ Ajeet Kumar Singh @ Ajeet Kumar, Son of Raghunash Singh. All resident of Village: Bhuili, P.S.- Ekma, District:- Saran. .... .... Petitioners

Versus

The State of Bihar through the Secretary, Department of Home .... .... Respondent =========================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh Tarun, Advocate For the Respondent/s : Mrs. Nivedita Nirvikar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 18-02-2016 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. In the present application preferred under Articles 226 & 227 of the Constitution of India, the petitioners seek quashing of the order dated 23.06.2015 passed by the learned 5th Additional Sessions Judge, Saran at Chapra whereby and whereunder the

Patna High Court Cr. WJC No.917 of 2015 dt.18-02-2016 2 / 2 application filed by the petitioner under Section 228(1)(a) of the Code of Criminal Procedure (For the 'the CrPC') has been rejected. In my view, the petitioners have an equally efficacious statutory remedy under the CrPC.

In that view of the matter, I am not inclined to entertain the present application.

Accordingly, the application is disposed of with liberty to the petitioners to challenge the aforesaid impugned order before this Court under the appropriate provisions prescribed under the CrPC.

(Ashwani Kumar Singh, J.) Sanjeet/- U T