High Court Legal Services Committee, Patna High Court, Patna Through Its Secretary Sri Kishore Pras v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24032 of 2016 ======================================================
1. High Court Legal Services Committee, Patna High Court, Patna through Its Secretary Sri Kishore Prasad, Joint Registrar (judicial)-cumsecretary, Patna High Court Legal Services Committee, Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The High Court of Judicature at Patna through the Registrar General.
3. The Registrar General, Patna High Court, Patna.
4. The Commissioner-cum-Principal Secretary, General Administration Department, Government of Bihar, Old Secretariate, Patna.
5. Mr. Neeraj Kumar Sanidh, Advocate, Patna High Court, Patna.
6. Balbhadra Singh S/o Bisheshwar Singh
7. Balmiki Singh S/o Bisheshwar Singh
8. Ram Nandan Singh S/o Shivdhar Singh All residents of Village - Kotchgawan, P.S. - Warsaliganj, District - Nawadah. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. M.Haque(APP) For the Patna High Court : Mr. Mrigank Mauli, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 16-09-2016 Heard Mr. Ashok Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. M. Haque, learned Additional Public Prosecutor for the State. Heard also Mr. Mrigank Mauli, learned Counsel, appearing on behalf of the Patna High Court.
The present application, seeking modification of the order, dated 12.02.2015 aforementioned, is misconceived
Patna High Court Cr.Misc. No.24032 of 2016 (4) dt.16-09-2016 2/2 inasmuch as there is no direction to the Patna High Court Legal Services Committee to pay expenses of proceeding or the fee of amicus curiae.
Because of the fact that the appointment of Amicus Curiae in Criminal Appeal (DB) No. 197 of 1993, was not under the Patna High Court Legal Services Committee, Patna, we do not find that the prayer, calling for modification of the order, dated 12.02.2015, passed in Criminal Appeal (DB) No. 197 of 1993, calls for any interference. It is made clear that the Patna High Court Legal Services Committee has no onus or duty to pay the fee of the amicus curiae in the Criminal Appeal aforementioned.
In view of the above, this petition is dismissed. (I.A. Ansari,CJ) (Samarendra Pratap Singh, J) Mkr./- U