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Patna High CourtCWJC/17983/2022disposed

Md. Amanul Haque v. The State Of Bihar

2023-11-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17983 of 2022 ====================================================== Md. Amanul Haque Son of Late Mohammad Asrarul Haque, Resident of Road No.3, New Karimganj, Police Station-Civil Lines, District-Gaya, Presently residing near Crane High School, Main Road, New Karimganj, Civil Lines, District-Gaya, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Collectorate, Gaya.

4.

The Senior Superintendent of Police, Gaya.

5.

The Deputy Superintendent of Police, Nagar, Gaya 6.

The Sub Divisional Officer, Sadar, Gaya.

7.

Police Inspector-Cum-SHO, Police Station-Civil Lines, District-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Murad Ashraf For the Respondent/s :

Mr.M. Nasrul Huda Khan ( Sc 1 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-11-2023 Heard the learned counsel for the parties.

2. This application has been filed for quashing of the order dated 02.01.2021 passed by the Respondent no.2, the Commissioner, Magadh Division, Gaya.

3. By the impugned order dated 02.01.2021, the Arms Appeal No. 97 of 2020 has been dismissed by the Commissioner, Magadh Division, Gaya.

4. From the impugned order, it appears that the Arms Appeal has been dismissed on the ground of limitation.

Patna High Court CWJC No.17983 of 2022(2) dt.23-11-2023 2/2

5. For the reasons mentioned for condonation of delay and in the interest of justice, the impugned order dated 02.01.2021 is hereby quashed. The matter is remitted back to the Commissioner, Magadh Division, Gaya for fresh consideration of the appeal and the Commissioner, Magadh Division, Gaya will decide the appeal on merits within three months from the date of receipt/production of a copy of this order.

6. Let a copy of this order be communicated to the Commissioner, Magadh Division, Gaya through FAX for its compliance forthwith.

7. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Shishir/- U