Braj Kishore Sharma v. Inspector General/Aps,C.I.S.F.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8974 of 2011 ====================================================== BRAJ KISHORE SHARMA Son of Sri Ram Naresh Sharma resident of village Mananpur PS Ghoshi District Jehanabad. ... ... Petitioner/s

Versus

INSPECTOR GENERAL/APS,C.I.S.F.

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

For the Petitioner/s :

Ms.Madhuri Kumari For the Respondent/s :

Mr.Ansuman Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Counsel for the petitioner has raised two mitigating circumstances which as per her submission require consideration having regard to the allegation that it was Raj Kumar who caused injury to Sub-Inspector Prem Ranjan and the allegation was that the petitioner was catching hold of said Prem Ranjan. She submits that the petitioner was awarded greater punishment than Raj Kumar. It is also submitted that criminal proceeding arising out of the same allegation has resulted in his acquittal, though there is no detail on record. In view of the aforesaid circumstances, ends of justice would be met, if the petitioner be permitted to place mitigating circumstances before the revisional authority.

Patna High Court CWJC No.8974 of 2011(4) dt.08-07-2019 2/2 In the event, same is placed with supporting documents before revisional authority within four weeks, revisional authority shall consider mitigating circumstances so as to come to a finding whether quantum of punishment is appropriate. This exercise must be completed within four weeks thereafter. While considering petitioner's claim, earlier revisional order dated 19.07.2010 shall not come in the way of the authority.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U