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Patna High CourtCR. WJC/1204/2019dismissed

Sanjay Kumar v. The State Of Bihar Through Its Chief Secretary, Old Secretariat, Patna

2023-04-10Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1204 of 2019 Arising Out of PS. Case No.-586 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== SANJAY KUMAR Son of Late Ganesh Yadav Resident of Kasimpur, Village, P.S.- Nauhatta, District- Saharsa and Working as Assistant Professor at the Department of Sociology at Mahatma Gandhi Central University, Motihari, Bihar ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA Bihar 2.

The Director General of Police, Bihar, Old Secretariat, Patna Bihar 3.

Principal Secretary (Home), Government of Bihar, Old Secretariat, Patna Bihar 4.

Deputy Inspector General of Police, Muzaffarpur Bihar 5.

Senior Superintendent of Police, Motihari, East Champaran Bihar 6.

Deputy Superintendent of Police, Sadar, Motihari Bihar 7.

Station House Officer, Town P.S., Motihari Bihar ... ... Respondent/s ====================================================== with Criminal Writ Jurisdiction Case No. 1269 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- SC/ST District- East Champaran ====================================================== SANJAY KUMAR Son of Late Ganesh Yadav Resident of Kasimpur Village, PS. Nauhatta, District- Saharsa, and Working as Assistant Professor at the Department of Sociology at Mahatma Gandhi Central Universtiy, Motihar, Bihar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR , THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA Bihar 2.

The Director General of Police, Bihar, Old Secretariat, Patna. Bihar 3.

Principal Secretary (Home), Government of Bihar, Old Secretariat, Patna. Bihar 4.

Deputy Inspector General of Police, Muzaffarpur Bihar 5.

Senior Superintendent of Police, Motihari, East Champaran. Bihar 6.

Deputy Superintendent of Police, Sadar, Motihari. Bihar 7.

Station House officer, Town P.S.- Motihari. Bihar

Patna High Court CR. WJC No.1204 of 2019(4) dt.10-04-2023 2/3 ... ... Respondent/s ====================================================== Appearance :

(In Criminal Writ Jurisdiction Case No. 1204 of 2019) For the Petitioner/s :

Mr.Md. Harun Quareshi For the Respondent/s :

Mr.Prabhat Kumar Verma (In Criminal Writ Jurisdiction Case No. 1269 of 2019) For the Petitioner/s :

Mr.Md. Harun Quareshi For the Respondent/s :

Mr.Manish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-04-2023 Heard the parties.

This application has been filed for quashing the F.I.R. of order dated 19.08.2018 in Motihari Town P.S. Case No. 586 of 2018 registered under Sections 504 and 505(2) of the Indian Penal Code, 1860.

The petitioner in his position as Assistant Professor at the University had been actively raising his voice against corrupt practices at the University which include inter alia charges of irregular appointments, illegal termination of permanent faculty members and also of non-transparency in award of tenders against the Administration. Some charges have also been confirmed by the CAG report. The petitioner along with several colleagues had led a peaceful protest against the corrupt practices of the University Administration. Learned counsel for the State has submitted that the charge-sheet has been submitted in the present case. In that view of the matter, this application has

Patna High Court CR. WJC No.1204 of 2019(4) dt.10-04-2023 3/3 become infructuous.

In case, the petitioner is aggrieved by any subsequent order passed by the Court below, he has liberty to challenge the same, in accordance with law.

(Sandeep Kumar, J) Guddu/- U T