Patali Dusadh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3431 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Patali Dusadh, Son of Ram Chandra Dusadh, resident of Village Semra, P.S. Bikramganj, District- Rohtas (Sasaram) ... ... Petitioner/s
Versus
1. The State Of Bihar, through the Chief Secretary, Government of Bihar at Patna
2. The Secretary, Home Department cum Chairman State Sentence Remission Board, Bihar, Patna
3. The Commissioner, Home Special, Government of Bihar, Patna
4. The Inspector General (Prison), Government of Bihar, Patna
5. The Jail Superintendent, Open jail, Buxar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad, Adv.
For the Respondent/s :
Mr. P.N. Sharma, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-11-2019 We find the present petition in its present form not to be maintainable. There cannot be a petition for habeas corpus challenging the order of rejection of the application seeking remission of the sentence.
At this stage, learned counsel for the petitioner states that yet another application seeking remission is pending with the appropriate authority.
Patna High Court CR. WJC No.3431 of 2018 dt.14-11-2019 2/2 Learned counsel for the State submits that if it is so, the respondent authority shall positively take a decision thereon in accordance with law expeditiously and preferably within a period of one month from today. Learned counsel undertakes to communicate the order to the appropriate authority within next two days.
With the aforesaid directions, this application is dismissed.
(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) K.C.Jha/DKS AFR/NAFR NAFR CAV DATE N/A Uploading Date 15.11.2019 Transmission Date 15.11.2019