Md. Mazid v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.955 of 2016 ====================================================== Md. Mazid, Son of Late Sheikh Md. Jalil Resident of Village- Sabour, P.s.- Sabour, District- Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary Home (Jails) Department, Government of Bihar, Old Secretariat, Patna

2. The Inspector General of Prisons, Bihar, Old Secretariat, Patna.

3. The Superintendent, Central Jail, Bhagalpur.

4. The Director General of Police, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankit Katariar, Advocate Mr.Shakib Ayaz, Advocate For the Respondent/s :

AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 03-01-2019 Counsel for the petitioner is permitted to implead the Director General of Police, Bihar, Patna (for short 'DGP') as respondent no. 4.

Counsel for the petitioner after some arguments, and realising his difficulty arising out of non-availing of the statutory departmental alternative remedy submits that he will be filing his memorial before the DGP within a period of two weeks from today. In the event such memorial is filed the respondent no. 4 would be obliged to consider the petitioner's memorial on its own merit without raising the issue of his memorial being barred or preferred after a delay having regard to the fact that the petitioner has spent time for availing his

Patna High Court CWJC No.955 of 2016 dt.03-01-2019 2/2 remedy before this Court. Let the final decision be taken by the respondent no. 4 within a period of eight weeks in case the memorial is preferred within two weeks from today alongwith a copy of this order.

Writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date