Shankar Prasad @ Shankar Patwa v. The State Of Bihar, Through Principal Secretary, Home Dep., Gov., Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1631 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- KOTWALI District- Munger ====================================================== Shankar Prasad @ Shankar Patwa Son of Dukhan Prasad Patwa @ Dukhan Prasad R/o Gandhi Chowk, P.s. - Kotwali, Distt. - Munger ... ... Petitioner/s

Versus

1.

The State of Bihar, through Principal Secretary, Home Dep., Gov., of Bihar, Patna 2.

The Principal Secretary, Home Department, Gov. of Bihar, Patna Bihar 3.

The Commissioner, Munger Division, Munger Bihar 4.

District Magistrate, Munger Bihar 5.

Superintendent of Police, Munger Bihar 6.

Circle Officer, Sadar, Munger Bihar 7.

Officer-in-Charge, Kotwali Police Station, Munger Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr.Jyoti Ranjan Jha, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-06-2024 Heard the parties.

2. The present application has been filed for quashing order dated 20.9.2022, passed by learned Sessions Judge, Munger in connection with Criminal Revision No. 71/2022, by which he has been pleased to reject the petition dated 2.9.2022, filed by the petitioner against the order dated 48.2022, passed by the C.J.M Munger, for release of Fire Crackers and also for quashing the order dated 4.8.2022, passed by the C.J.M Munger, in connection with Kotwali P.S Case No. 97/2022, filed by the

Patna High Court CR. WJC No.1631 of 2023(4) dt.24-06-2024 2/2 petitioner, for release of Fire Crackers.

3. The District Magistrate, Munger will decide the pending application of the petitioner for grant of explosive license to do business of crackers which is pending before him. If the license is granted, the District Magistrate will further release the seized crackers in favour of the petitioner. If the license is not granted to the petitioner, the seized crackers shall not be released in favour of the petitioner. The Collector while considering the application of the petitioner will hear the petitioner. The consideration must be done within 15 days from the date of receipt/production of a copy of this order.

4. Let a copy of this order be communicated to the Collector, Munger forthwith through FAX or email for its compliance.

(Sandeep Kumar, J) P. Kumar U