Rajeev Kumar v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.314 of 2015 ====================================================== Rajeev Kumar, S/o Sri Ramavtar Choudhary R/o- Bank Colony, Bailey Road, P.S.- Rupaspur, District- Patna .... .... Petitioner

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna

2. The Superintendent of Police, Patna

3. The Director General of Police, Police Headquarters, Shaheed Bhagat Singh Road, Mumbai- 400001, Maharashtra

4. The Superintendent of Police, District- Mumbai Sub-Urban, Maharashtra

5. Belji Dharmshee Minat @ Binod Dharmshee Minat S/o Dharmshee Minat R/o- Andheri, Mahada West, 3rd Floor, Flat No. 311, Tulsi Apartment, P.S.- Andheri, District- Mumbai Sub-Urban, Maharashtra

6. Rajesh Ravariya S/o Nanji Ravariya R/o- Himalaya Society, New Hill View Building, B-Wing, 3rd Floor, Flat No. 18, P.S.- Ghatkopar, Narayan Nagar, Ghatkopar West, District- Mumbai, Sub-Urban, Maharashtra .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar, Advocate For the Respondent/s : Mr. Purnendu Singh (Gp 27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The prayer of the petitioner in the present application under Articles 226 and 227 of the Constitution of India as narrated in para-1 is as under :- "1. That this is an application for issuance of writ, rule or direction in the nature of mandamus for :- i.

Directing the Respondent

Patna High Court Cr. WJC No.314 of 2015 (2) dt.25-01-2016 2/3 Authorities to take appropriate action and take coercive measures for arresting the respondent nos.5 and 6 who are evading the summons which has been issued against them, in connection with Complaint Case No.686 (C)/2013, which is pending before the Learned Court of Shri Rahul Kumar, Judicial Magistrate, Danapur.

ii.

Directing the Respondent Authorities to give the compliance report of execution of non-bailable warrant of arrest which has been issued vide order dated 02.02.2014 as against respondent nos.5 and 6 as well as the compliance report of order dated 01.05.2014 whereby proclamation has been issued under Section 82 of the Criminal Procedure Code.

iii. For grant of any other relief as may deem fit and proper in the facts and circumstances of the case."

Patna High Court Cr. WJC No.314 of 2015 (2) dt.25-01-2016 3/3 In view of the availability of equally efficacious statutory remedy to the petitioner, I am not inclined to entertain the present application. Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J) N.H./- U T