Jawahar Thakur, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.430 of 2020 ====================================================== Jawahar Thakur, S/o Late Ganesh Thakur, Resident of Mohalla-Daud Bigha, P.O. Bahadurpur Housing Colony, P.S.-Agamkuan, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Patna.

2.

Executive Magistrate, Patna Sadar, District-Patna. 3.

Krishna Kumar Singh, S/o Late Nanda Singh, Village-Chakberiya, via Gulzarbag, P.S.-Bairiya Manpur, District-Patna. 4.

Mithlesh Kumar, S/o Late Shivshankar Lal Das, Village-Bairiya Manpur via Gulzarbag, P.S.-Sono Gopalpur, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakritita Sharma For the Respondent/s :

Mr.Subash Chandra Yadav ( Gp15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-02-2020 There is no representation on behalf of the parties.

2. The petitioner is seeking a direction to the Executive Officer, Patna Sadar, Patna to supply him certified copy of an order dated 27.12.2011, passed in Case No. 1307(M) of 2006. The said order has been passed in a proceeding under Section 147 of the Cr.P.C.

3. It transpires that initially a proceeding under Section 144 of the Cr.P.C. was initiated and the same was, subsequently, converted into a proceeding under Section 147 of the Code. The petitioner did appear in the proceeding under Section 144 of the Code and had filed his show cause. It is his

Patna High Court CWJC No.430 of 2020(2) dt.07-02-2020 2/2 case, however, that he did not have any knowledge about conversion of the proceeding into a proceeding under Section 147 of the Cr.P.C. and subsequent passing of an order in 2011.

4. There is a vague statement made in paragraph 8 of the writ application that when the petitioner came to know about the order in the proceeding, he contacted the office of the Executive Officer but certified copy of the order has not been made available to him. For the first time, he is said to have made an application for supply of certified copy of the order on 11.05.2019. There is no explanation in the writ application of delay of eight years, except a vague statement made in paragraph 8 of the writ application.

5. In such circumstance, I am not inclined to entertain the relief, which the petitioner is seeking. This application is accordingly dismissed. The petitioner shall, however, be at liberty to pursue his remedy before the appropriate authority. (Chakradhari Sharan Singh, J) Rajesh/- U