Patna High CourtCWJC/2462/2014disposed

Mahesh Sharma v. The State Of Bihar And ORS

2015-09-21Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2462 of 2014 =========================================================== Mahesh Sharma Son Of Late Narsingh Singh Resident Of Village- Lodipur, P.S.- Hulasganj (Ghoshi), District- Jehanabad .... .... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Home Department, Government Of Bihar, Patna

3. The Commissioner, Magadh Division, Gaya

4. The District Magistrate, Jehanabad

5. The Superintendent Of Police, Jehanabad .... .... Respondents =========================================================== Appearance :

For the Petitioner : M/s GAJENDRA KUMAR SINGH and Arun Kumar, Advocates For the State : Mr. Jay Prakash Sharma, AC to GP 11 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 21-09-2015 Heard the parties.

In view of the limited prayer made at the time of hearing, this writ application is being disposed of granting liberty to the petitioner to move afresh before the licensing authority in view of the fact that, in G.R. Case No. 856 of 1994/Trial No. 11236 of 2010 arising out of Ghoshi(Hulasganj) Police Station Case No. 148 of 1994 and also in Trial No. 06/2014/G.R. No. 679 of 1998 arising out of Hulasganj (Ghosi) Police Station Case No. 104 of 1998, the petitioner claims that he has been acquitted of the charges and there is no criminal case pending against him.

The petitioner may move before the concerned licensing authority which should pass a fresh order in accordance with law

Patna High Court CWJC No.2462 of 2014 dt.21-09-2015 without being prejudiced by the earlier order of rejection vide the impugned order dated 06.11.2013 as contained in Annexure 1 in case he has been acquitted of the charges in both the criminal cases. It is expected that the aforesaid exercise would be completed within a period of four months from the date of receipt/production of a copy of this order.

This disposes of the writ petition.

(Dr. Ravi Ranjan, J) SC/- U