Chandeshwar Prasad Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4095 of 2016 ====================================================== Chandeshwar Prasad Gupta, Son of Late Kesho Sao, Resident of Hisua, Teli Tola, Brahmsthan Gali, Ward No. 12, P.O. + P.S. - Hisua, District - Nawada. ... ... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Magadh Division, Gaya.

2. The Commissioner, Magadh Division, Gaya.

3. The District Magistrate - cum - Collector, Nawada.

4. The Sub- Divisional Magistrate, Nawada.

5. The Circle Officer, Hisua, Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Respondent/s :

Mr. Anand Prasad Singh- SC 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 31-10-2018 Heard Mr. Krishna Kant Singh, learned counsel for the petitioner and Mr. Anand Prasad Singh, learned SC 15 for the respondent-State.

The present writ application has been filed for a direction to Respondent Nos.3 and 4, the District Magistrate, Nawada and Sub-Divisional Magistrate, Nawada for supplying the certified copy of the Information Petition No.1036 of 2004, filed before Respondent No.4, the Sub-Divisional Magistrate, Nawada sometime in the year 2008.

Patna High Court CWJC No.4095 of 2016 dt.31-10-2018 2/3 It is submitted by learned counsel for the petitioner that in Complaint Case No. 189 of 2005, filed by the petitioner, vide order dated 01.10.2012, learned Judicial Magistrate, 1st Class, Nawada directed Respondent No.4, the Sub-Divisional Magistrate, Nawada for transmission of original Informatory Petition No. 1036 of 2004. Consequently, letter was issued to Respondent No.4, the Sub-Divisional Magistrate, Nawada on 12.12.2012, as contained in Annexure-1, but it was not supplied. Subsequently, the petitioner submitted a reminder also. However, Respondent No.4, the SubDivisional Magistrate, Nawada, vide Memo No. 563, dated 21.07.2014 directed the In-charge Officer of the District Record, Nawada to send the certified copy of the Informatory Petition No. 1036 of 2004, but till date, the same has not been transmitted. Hence, the present writ application.

Learned SC 15 submits that learned Sub-Divisional Magistrate, Nawada will comply the order of the learned Judicial Magistrate, 1st Class, Nawada dated 01.10.2012, if it has already not been complied with, within a period of three weeks. Considering the fair stand of the learned SC 15, it is expected from Respondent No.4, the Sub-Divisional Magistrate, Nawada to transmit the certified copy of the Informatory Petition No. 1036 of 2004 to the Court of learned Judicial Magistrate, 1st

Patna High Court CWJC No.4095 of 2016 dt.31-10-2018 3/3 Class, Nawada within a period of three weeks from the date of receipt/production of a copy of this order.

Accordingly, with the above observations/directions, the present writ application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- AFR/NAFR CAV DATE Uploading Date 17.11.2018 Transmission Date