Binod Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20452 of 2021 ====================================================== Binod Kumar Gupta Son of Muneshwar Prasad Sah, resident of Village - Majhaulia, Post office - Dumri, Police Station- Sadar, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Inspector General of Police. 2.

The Superintendent of Police, Muzaffarpur.

3.

The Officer Incharge Sadar Police Station, Muzaffarpur. 4.

The Chola Mandalam General Insurance Company Limited through its Managing Director Mohalla - Mithanpura, Ward No. 35, Police StationMithanpura, District- Muzaffarpur. 5.

Manager Chola Mandalam Ganeral Insurance Company Limited 3rd Floor I.D. Complexnear Boring Canal Road, Opposite Medicana Medical Soap, Plot No. 166, Patna - 800023.

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

For the Petitioner/s :

Mr.Mazharul Hassan, Advocate For the Respondent/s :

Md. N.H. Khan (SC1) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 08-02-2022 Heard learned counsel for the parties.

The petitioner has prayed for the following relief/s :-

Patna High Court CWJC No.20452 of 2021 dt.08-02-2022 2/3 After the matter was heard for some time, finding the

Patna High Court CWJC No.20452 of 2021 dt.08-02-2022 3/3 Court not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, more so in view of the disputed question of fact, fairly states that petitioner be permitted to take recourse to such equally, efficacious alternative remedies as are available in accordance with law. Permission granted.

We clarify that we have not adjudicated the dispute on merits. All questions of fact and law are left open to be agitated and adjudicated before the appropriate forum in appropriate proceedings.

As and when such proceeding is initiated, the same shall be considered and decided expeditiously, preferably, within a period of six months.

Petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Ashwini/Sujit AFR/NAFR CAV DATE Uploading Date 10.02.2022 Transmission Date