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Patna High CourtCR. WJC/195/2014dismissed

Kapildeo Mahto v. The State Of Bihar And ORS

2015-01-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.195 of 2014 ====================================================== Kapildeo Mahto son of Late Shivnandan Mahto, resident of villageManikpur, P.O.- Kawadpur, P.S.- Suryagarha, District- Lakhisarai .... .... Petitioner/s

Versus

1. The State of Bihar

2. Superintendent of Police, Lakhisarai

3. Deputy Superintendent of Police, Lakhisarai

4. Officer-in-Charge, Suryagarha Police Station, District Lakhisarai

5. Investigation Officer, Suryagarha Police Station, District Lakhisarai

6. Shila Devi wife of Gangal Mahto

7. Gangal Mahto son of Late Devan Mahto Both resident of village- Manikpur, P.O.-Kawadpur, P.S.- Suryagarha, District-Lakhisarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Respondent/s : Mr. Chhotelal Mishra, A.C. to G.A.-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-01-2015 In the present application filed under Articles 226 and 227 of the Constitution of India, the prayer of the petitioner in paragraph-1 is as under.:- "1. That this application is being filed for issuance of an appropriate writ/order/direction to the Respondent authorities for enquiry into the matter which are as follows:- i.) Whether the first son of Late Shivnandan Mahto was Shiv Kumar Singh or Jawahar Mahto ?

ii) Whether the death of Shiv Kumar Singh was caused by epilepsy or murder ?

iii) Whether Gangal Mahto is the husband of informant Shila Devi ?

Patna High Court Cr. WJC No.195 of 2014 (2) dt.21-01-2015 2/2 iv) Whether Shiv Kumar Singh who was the first son of late Shivnandan Mahto was un-married?

v) Or, to grant any other relief/reliefs for which the petitioner is entitled to ?

Several disputed question of facts have been raised in the present application which cannot be adjudicated upon in a writ proceeding.

In that view of the matter, I find no merit in the present application. Accordingly, it is dismissed.

(Ashwani Kumar Singh, J) Md.S./- U T