Arvind Kumar @ Arvind Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1844 of 2018 ====================================================== Arvind Kumar @ Arvind Yadav S/o Pundev Choudhary, R/o VillageShyampur, P.S.- Uchakagawn, Distt- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar through District Magistrate, Gopalganj 2.

Commissioner, Saran Division, Chapra.

3.

District Magistrate, Gopalganj.

4.

Superintendent of Police, Gopalganj.

5.

S.H.O., Uchakagaon, Gopalganj.

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

For the Petitioner/s :

Mr.Harsh Singh For the Respondent/s :

Mr.Md. Nadeem Seraj- Gp5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2022 Though the present writ petition has been filed for quashing the order dated 1.12.2015, passed by the District Magistrate, Gopalganj in Arms Case No. 1/2014 as also the order dated 7.9.2017 passed by the Commissioner, Saran Division, Chapra, however, it has transpired after going through the records that the District Magistrate, Gopalganj has not passed the final order and has kept the case of the petitioner pending till the criminal case, in which the petitioner is an accused, is disposed of by the learned District Court, hence, it is submitted that it

Patna High Court CWJC No.1844 of 2018(6) dt.02-08-2022 2/2 is imperative for the District Magistrate, Gopalganj, to exercise his wisdom and dispose off the aforesaid case bearing Arms Case No. 1/2014.

Having regard to the facts and circumstances of the case, this Court finds that there is no justification in not deciding the case of the petitioner and keeping the same pending, till the criminal case, pending against the petitioner, is finally disposed off, hence, this Court deems it fit and proper to direct the District Magistrate, Gopalganj to exercise his wisdom, apply the law laid down by the learned Full Bench of this Court in the case of Kapildeo Singh vs. The State of Bihar & Others, reported in 1987 PLJR 385 and pass the final order in the aforesaid Arms Case No. 1/2014, within a period of twelve weeks of receipt / production of a copy of this order.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U