Baijnath Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.99 of 2015 ====================================================== Baijnath Mishra, S/o Late Ramnandan Mishra, resident of Village-Dewaria Rustumt, P.O.- Fesur, P.S. and District- Aurangabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. D.M. Aurangabad. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Kumar Mishra, Advocate For the Respondent/s : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 13-08-2015 This application filed under Articles 226 and 227 of the Constitution of India is thoroughly misconceived. It appears that at the final stage of argument, an application under Section 217 of the Code of Criminal Procedure was filed by the accused which has been rejected by the court below.

Since the petitioner has an equally efficacious alternative statutory remedy under the Code of Criminal Procedure, I am not inclined to entertain this application. Accordingly, the application is dismissed as not maintainable.

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