Ratneshwar Chakma vs The State Of Bihar Through Director ... on 25 September, 2019

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Patna High Court - Orders

Ratneshwar Chakma vs The State Of Bihar Through Director ... on 25 September, 2019

Bench: Ashwani Kumar Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.889 of 2019
                          Arising Out of PS. Case No.-20 Year-2019 Thana- SC/ST District- Gaya
                 ======================================================
           1.     Ratneshwar Chakma Son of Sri Santi Kumar Chakma Resident of Buddhist
                  Thai - Bharat Society, Village - Mastipur, South of Main Temple, P.S.- Bodh
                  Gaya, District- Gaya
           2.    Chhota Bhante @ Phra Bhodhinandhamunee Son of Late Sri Loh Permanent
                 resident of Address 7, Village No. 4, P.S. - Chom Phra, District - Chom Phra,
                 Surin Province (Thailand) and also at Buddhist Thai Bharat Society, Village
                 - Mastipur, South of Main Temple, P.S.- Bodh Gaya, District- Gaya.
           3.    A.C. Lama @ Acharya Chodub Lama Son of Late Sri Daba Lama Resident
                 of Buddhist Thai Bharat Society, Village - Mastipur, South of Main Temple,
                 P.S.- Bodh Gaya, District- Gaya.

                                                                           ... ... Petitioners
                                                  Versus
           1.    The State Of Bihar Through Director General Of Police, Bihar, Patna
           2.    The Director General of Police, Bihar, Patna
           3.    The Superintendent of Police, Gaya, District- Gaya
           4.    The Deputy Superintendent of Police, Bodhgaya, District- Gaya
           5.    The Officer-in-Charge, Gaya Sadar SC/ST Police Station, District- Gaya
           6.    The Investigation Officer of Gaya SC/ST P.S. Case no. 20/2019, District-
                 Gaya Bihar
           7.    Rina Devi, wife of Ravi Kumar, r/o Mohalla Bairagi, P.S. Delha, District-
                 Gaya.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Nishant Kumar Jha
                 For the Respondent/s    :        Mr. Md. Nadim Seraj
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                                       ORAL ORDER

5   25-09-2019

Learned counsel appearing for the petitioners submitted that notices were sent to the respondent no.7 on the address given in the FIR. However, neither the process server could serve notice to the respondent no.7 nor notice through registered cover could be served upon her as the address is Patna High Court CR. WJC No.889 of 2019(5) dt.25-09-2019 2/2 incomplete. He contended that the petitioners do not know any other address on which the notices may be sent to the respondent no.7.

In view of the fact that the complaint has been sent to the Police under Section 156(3) of the Code of Criminal Procedure and the case has been registered by the Officer-in- charge of the SC/ST Police Station, Gaya, let steps for fresh service of notice to the respondent no.7 be taken through the Officer-in-charge of the SC/ST Police Station, Gaya for which requisites etc. must be filed by 27 th September, 2019, failing which the application shall stand dismissed without further reference to a Bench.

Put up immediately after the service report is received.

(Ashwani Kumar Singh, J) Pradeep/-

U      T

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Patna High Court - Orders