← Library
Patna High CourtCWJC/15074/2023disposed

Raj Kishore Prasad v. The State Of Bihar

2024-07-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15074 of 2023 ====================================================== Raj Kishore Prasad S/o Late Kailash Singh, R/o Village - Chaudharinchak, P.S. - Belchhi, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar Patna. 2.

The Divisional Commissioner, Patna.

3.

The District Magistrate, Patna.

4.

The Senior Superintendent of Police, Patna.

5.

The Sub Divisional Magistrate, Barh, District - Patna. 6.

The S.H.O, Belchhi, District - Patna.

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Respondent/s :

Mr.Md. N.H. Khan (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.For issuance of writ in the nature of Mandamus or any other appropriate writ or direction to the respondents particularly respondent No.4 & 6 to submit police report with regard to Belchhi P.S U.D.Case No.01/2015 dated 11/06/2015 in reasonable time because I.O has not submitted the police report yet and more than 8 years has been passed.

ii. For issuance of writ in the nature mandamus or any other appropriate writ or direction to the respondents to release the riffle of petitioner and 3 live cartridge in favour of petitioner after

Patna High Court CWJC No.15074 of 2023(3) dt.02-07-2024 2/2 completion of investigation and filling of police report, the licence holder of N.P bore riffle No.6901 vide licence No. 571/1973."

2. At the outset, the learned counsel for the respondents submit by referring to paragraph no.7 of the counter affidavit, filed on behalf of the Senior Superintendent of Police, Patna that the Station House Officer, Belchhi Police Station, Patna is ready to release the rifle of the petitioner, hence the petitioner can approach him and receive the said rifle.

3. In view of the aforesaid, I grant liberty to the petitioner to approach the Station House Officer, Belchhi Police Station, Patna, within a period of two weeks from today, whereupon the Station House Officer, Belchhi Police Station, Patna, shall hand over the rifle in question to the petitioner, failing which, he shall not draw his salary.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U