Manoj Kumar v. The State Of Bihar, Through Home Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.24 of 2020 Arising Out of PS. Case No.-271 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MANOJ KUMAR S/o Late Ram Nandan Prasad R/o Mohalla- Nasriganj, P.O.- Digha, P.S.- Danapur, Distt.- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR, THROUGH HOME SECRETARY 2.

Superintendent of Police, Supaul Bihar 3.

Officer in charge, Police Station, Supaul 4.

Vikash Kumar S/o Shyam Bahadur Choudhary R/o Mohalla- Near Supaul Bus Stand, P.S.- Supaul, District- Supaul, Pin- 8521311, Proprietor of Sidhi, Binayak Hardwares.

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

For the Petitioner/s :

Mr.Binayak Kumar Shrivastav, Advocate For the Respondent/s :

Md. Nadim Seraj, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 14-01-2020 Heard learned counsel for the parties.

2. Petitioner is complainant of Complaint Case No.271(C) of 2018 wherein cognizance has been taken against respondent No.4 for offences under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

3. This writ application has been preferred for issuance of mandamus against respondent Nos.2 and 3, i.e., Superintendent of Police, Supaul, and Officer-in-Charge of Supaul Police Station to take legal action against respondent No.4 inasmuch as to execute bailable warrant of arrest issued

Patna High Court CR. WJC No.24 of 2020 dt.14-01-2020 2/2 against him by the Court concerned long back which has not been executed as yet nor any report has been submitted to the Court concerned regarding non-execution of bailable warrant of arrest.

4. The Court-below is competent to take appropriate action against the authority responsible for noncompliance of the Courts order. Hence, the petitioner may approach the Court concerned itself who shall pass a reasoned order.

5. With the aforesaid observation, this application stands disposed of.

(Birendra Kumar, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2020 Transmission Date 16.01.2020