Ravindra Kumar Singh v. The State Of Bihar Through The Director General Of Police, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1295 of 2019 Arising Out of PS. Case No.-2540 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Ravindra Kumar Singh, son of Shri Vikramaditya Singh, Resident of Ground Floor, Chandra Vihar Colony, Nepali Nagar, Ashiana, P.S.-Rajeev Nagar, District-Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the Director General of Police, Bihar, Patna 2.

The Inspector General of Police, Patna Range, Patna. 3.

The Senior Superintendent of Police, Patna, District-Patna. 4.

The Incharge, Prosecution Branch, Police Office, Patna, District-Patna. 5.

The Station Head Officer, Masaurhi Police Station, District-Patna. 6.

Guddu Kumar, son of Shri Sakaldeep Singh Resident of near Satti Asthan, Shivajee Nagar, P.S.-Masaurhi, District-Patna-804452. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Vijay Kumar Singh, Advocate For the Respondents-State:

Dr. Anand Kumar, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 11-09-2019 The petitioner is the complainant of Complaint Case No.2540 (C) of 2015 pending in the court of Judicial Magistrate1st Class, Patna. He has filed the present application for directing the respondent authorities to take suitable action against the respondent nos. 4 and 5 for not complying the order passed by the learned Judicial Magistrate-1st Class.

2. In the opinion of this Court, the writ petition is totally misconceived. In case any public officer in discharge of his official duty has not complied with the order passed by a court of

Patna High Court CR. WJC No.1295 of 2019 dt.11-09-2019 2/2 Magistrate, the court of Magistrate has ample power to deal with such matters. Instead of pursuing the matter before the court concerned, the petitioner has approached this Court in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India as if this Court is executing court of the subordinate court.

3. Finding no merit in this case, the application is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.09.2019 Transmission Date 17.09.2019