Pramod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.106 of 2015 ====================================================== Pramod Kumar, Son of Late Nhuneshwar Sao @ Bhuneshwar Lal, Resident of Village - Hasra, P.S. - Fatehpur, District - Gaya. .... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2. The Collector Cum District Magistrate, Gaya.

3. The Deputy Collector, Gaya.

4. The Sub-Divisional Magistrate, Gaya.

5. The Circle Officer, Fatehpur, District - Gaya.

6. Basudeo Chaudhary, Son of Late Somar Chaudhary

7. Pappu Chaudhary

8. Sunil Chaudhary Both are Sons of Basudeo Chaudhary, All are resident of Hashra, Seewanaper, P.S. - Fatehpur, District - Gaya. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Archit Rajpal, Adv. For the Respondent/s : Mr. Pankaj Kr. Sinha, A.C. to S.C.-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-02-2015 Prayer for pass over has been made, which is refused. This writ petition has been filed questioning an order dated 01.08.2014 passed by the Deputy Collector, Gaya, whereby he has refused to set aside the order dated 12.01.2006 passed by the Sub-Divisional Magistrate, Gaya in Misc. Case No. 741 of 2005 under Section 133 of the Code of Criminal Procedure. The writ petition is misconceived inasmuch as an order passed under Section 133 of the Code of Criminal Procedure cannot be questioned in the writ proceedings. The petitioner shall

Patna High Court CWJC No.106 of 2015 (2) dt.09-02-2015 be at liberty to take recourse to such other remedy as may be available to him in law.

The writ petition is disposed of.

(Jyoti Saran, J.) Vats/- U