Ajay Shankar @ Ajay Shankar Yadav v. The State Of Bihar Through The Principal Secretary, Law Department, Government Of Bihar, Patna And
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.435 of 2018 Arising Out of PS. Case No.-556 Year-2015 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Ajay Shankar @ Ajay Shankar Yadav S/o Ram Lakhindra Rai Resident of Village-Sakari Saraiya P.S. Kurhani, District-Muzaffarpur. ... ... Petitioner/s
Versus
1. The State of Bihar Through The Principal Secretary, Law Department, Government of Bihar, Patna.
2. The Superintendent of Police, Muzaffarpur.
3. Ashutosh Kumar @ Munna Son of Jitendra Rai @ Lilku Rai Resident of Village-Sakari Saraiya (P.O. Turki) Police Station Kudhani DistrictMuzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Sharan Singh, Advocate For the Respondent/s :
Mr. Kaushal Kr. Jha, AAG-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 04-01-2019 This writ petition under Article 226 and 227 of the Constitition of India has been filed by the petitioner for setting aside the order dated 13.10.2017 passed in Sadar P.S. Case No. 556 of 2015 corresponding to G.R. No. 5526 of 2015 whereby the Juvenile Justice Board, Muzaffarpur has acquitted respondent No. 4 from the charges levelled against him.
2. In my considered opinion, the writ petition is totally misconceived. In case the informant is aggrieved by the judgment of acquittal recorded by the Juvenile Justice Board, he has a statutory remedy of appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which
Patna High Court Cr. WJC No.435 of 2018 dt.04-01-2019 2/2 provides that any person aggrieved by an order made by the Board under the Juvenile Justice Act may prefer an appeal to the children's court.
3. In view of the availability of an equally efficacious statutory remedy to the petitioner, I am not inclined to entertain the writ petition. It is dismissed, accordingly.
(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2019 Transmission Date 07.01.2019