Mahabir Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.60 of 2015 ======================================================

1. Mahabir Prasad son of Late Ram Khelawan Ram

2. Raghubir Ram son of Late Sukhdeo Ram

3. Ramji Prasad son of Late Ram Kishun Ram

4. Radhey Prasad son of Late Ram Chandra Prasad

5. Vesh Lal Prasad son of Late Fakiran Ram

6. Jitendra Prasad son of Late Ratan Ram

7. Kishori Prasad son of Late Tukchandra Ram

8. Harihar Ram son of Late Ram Kishun Ram All resident of Mohalla - Patwatoli, P.O. + P.S. - Daudnagar, District - Aurangabad.

9. Dinesh Prasad son of Late Awadh Ram resident of Mohalla - Maulabagh, P.O. + P.S. - Daudnagar, Aurangabad.

10. Yogendra Prasad son of Late Chandeshwar Ram resident of Mohalla Gola Road, P.O. + P.S. - Daudnagar, District - Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

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

4. The Inspector General of Police, Patna Range, Patna.

5. The Deputy Inspector General of Police, Magadh Range, Gaya.

6. The Superintendent of Police, Aurangabad.

7. The Superintendent of Police, Gaya.

8. The SHO, Daudnagar police station Daudnagar, Aurangabad.

9. Awadhesh Kumar son of name not known to the petitioner presently posted as SHO Daudnagar police Station, Daudnagar, Aurangabad.

10. Md. Talha son of name not known to the petitioner Assistant SubInspector , Daudnagar Police Station , Daudnagar, Aurangabad.

11. Rajesh Kumar son of name not known to the petitioner Chairman cum Chief Administrator, International Human Right Association, New Delhi, Address - Near Punjab National Bank, Bageshwari Road, Powerganj, Sent Joseph School, Bageshwari, Gumtipar, Gaya.

12. The Bihar State Bar Council through its Secretary Bihar Bar Council Bhawan, Patna.

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

For the Petitioner/s : Mr. Ashutosh Ranjan Pandey For the Respondent/s : Mr. Manoj Kr. Ambastha SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-12-2016 Heard Mr. Pandey for the petitioners, Mr. Shantanu

Patna High Court Cr. WJC No.60 of 2015 (11) dt.13-12-2016 2/3 Kumar for the Bihar State Bar Council, Mr. Behzad Akhtar for the respondent no.11 as well as the State.

Mr. Shantanu Kumar referring to the statements made in the counter affidavit filed on behalf of the Bihar State Bar Council submits that the disciplinary proceedings has already been initiated against the respondent no.11 which shall be disposed of quickly.

Learned counsel for the State, referring to the statement made in the 3rd supplementary counter affidavit of the respondent- State submits that considering the mis-deeds/illegal deeds of the respondent no.11 criminal proceedings has been launched and he has been apprehended /arrested. Mr. Pandey states that if the disciplinary proceedings has already been initiated, the same should reach its logical conclusion within a reasonable period of time.

Considering the facts and circumstance of the case, the application is disposed of recording the stand of Mr. Shantanu Kumar, counsel for the respondent no.12, that the disciplinary proceedings initiated against the respondent no.11 and two other advocates shall be concluded at the earliest possible. Mr. Pandey states that the manner in which the respondent no.11 has acted would call for formulation of suitable

Patna High Court Cr. WJC No.60 of 2015 (11) dt.13-12-2016 3/3 Rule in relation to the activities of the Non-Government Organizations (N.G.O.). If that be the case, then the petitioners would be at liberty to represent the same before the competent/appropriate authority of the State respondents for consideration in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T