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Patna High Court - Orders

Deepak Sharma vs Vijay Kumar Sharma on 7 February, 2022

Author: Ashwani Kumar Singh

Bench: Ashwani Kumar Singh, Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Writ Jurisdiction Case No.70 of 2022
                             Arising Out of PS. Case No.- Year-0 Thana- District- Samastipur
                 ======================================================
                 Deepak Sharma, Son of Raja Ram Sharma, Resident of Village - Jadhua,
                 Hajipur, P.S.- Hajipur Town, District - Vaishali- 844101 (Bihar).
                                                                                ... ... Petitioner
                                                     Versus
           1.     Vijay Kumar Sharma, Son of name not known Resident of Village and Post-
                  Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. -
                  Mathurapur, District - Samastipur-848101, Bihar.
           2.    Sushila Sharma, wife of Vijay Kumar Sharma, Resident of Village and Post-
                 Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. -
                 Mathurapur, District - Samastipur-848101, Bihar.
           3.    Virendra Sharma @ Bittu, son of Vijay Kumar Sharma and his wife Rekha
                 Sharma, Resident of Village and Post- Samastipur, Near Dr. C.B. Singh
                 Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101,
                 Bihar.
           4.    Dheeraj Sharma @ Sonu, son of Vijay Kumar Sharma, and his wife Priya
                 Sharma, Resident of Village and Post- Samastipur, Near Dr. C.B. Singh
                 Clinic, Block- Kalyanpur, P.S. - Mathurapur, District - Samastipur-848101,
                 Bihar.
           5.    Kishan Kumar Sharma, son of Vijay Kumar Sharma, Resident of Village and
                 Post- Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. -
                 Mathurapur, District - Samastipur-848101, Bihar.
           6.    Abhishek Sharma, son of Vijay Kumar Sharma, Resident of Village and
                 Post- Samastipur, Near Dr. C.B. Singh Clinic, Block- Kalyanpur, P.S. -
                 Mathurapur, District - Samastipur-848101, Bihar.
           7.    The S.H.O. P.S. - Mathurapur, Block- Kalyanpur, District - Samastipur-
                 848101, Bihar.
           8.    The Superintendent of Police, Samastipur- 848101, Bihar.
           9.     The State of Bihar through the Principal Secretary, Home Department Patna,
                  Bihar.
                                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr.Pravashankar Mishra, Advocate
                 For the Respondent/s    :         Mr.Prabhu Narayan Sharma, AC to A.G.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)

2   07-02-2022

After some arguments, Mr. Pravashankar Mishra, Patna High Court CR. WJC No.70 of 2022(2) dt.07-02-2022 2/2 learned counsel for the petitioner seeks leave to withdraw the present application with liberty to seek his remedies before the District Magistrate in terms of Sections 97 and 98 of the Code of Criminal Procedure.

Without expressing any opinion, we grant leave to the petitioner to seek his remedies before the District Magistrate in terms of Sections 97 and 98 of the Code of Criminal Procedure for redressal of his grievance.

In case, such an application is filed by the petitioner or on behalf of the petitioner, the learned District Magistrate would form his opinion on the basis of materials on record.

The application is disposed of with liberty aforesaid.

(Ashwani Kumar Singh, J.) (Rajeev Ranjan Prasad, J.) Rajeev/Sanjeet-

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