Vishal Kumar vs The State Of Bihar Through Under ... on 13 July, 2023

[Cites 2, Cited by 0]

Patna High Court - Orders

Vishal Kumar vs The State Of Bihar Through Under ... on 13 July, 2023

Bench: Anil Kumar Sinha

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.1344 of 2022
                              Arising Out of PS. Case No.- Year-0 Thana- District- Sitamarhi
                 ======================================================
                 VISHAL KUMAR S/O Manoj Kumar Patel R/O Gaushala Road, Murliya
                 Chak, Old Ward No-04 (Ward No-19)(Nagar Nigam), Pin- 843302, Sitamarhi,
                 Bihar. Mobile/What,s App No- 7004807208

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar Through Under Secretary, Home Department, Patna ,
                 Bihar Jawaharlal Nehru Marg, Rajbansi Nagar, Sardar Patel Bhawan, Patna,
                 Bihar
           2.    State of Bihar Through Director General of Police, Patna, Bihar Jawaharlal
                 Nehru Marg, Rajbansi Nagar, Sardar Patel Bhawan, Patna, Bihar, 800022
           3.    State of Bihar Through I.G of Police, Inspectorate of Prisons and
                 Correctional Services, Patna, Jawaharlal Nehru Marg, Rajbansi Nagar,
                 Sardar Patel Bhawan, Patna, Bihar 800022
           4.    Sate of Bihar Through S.P, Maryada Path, Collectorate Dumra District-
                 Sitamarhi District- Sitamarhi-843314, Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr.Vishal Kumar (In Person)
                 For the Respondent/s    :         Mr.Pawan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   13-07-2023

The present application has been filed in Public interest for seeking following reliefs:-

i) For issuance of an appropriate writ of mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding the Respondent-4 and Respondent-5 which come under the jurisdiction of District Sitamarhi to follow the guidelines and directions of the Hon'ble Supreme Court and deny to handcuffs or fetters with ropes in a routine manner, without the permission of the Patna High Court CR. WJC No.1344 of 2022(2) dt.13-07-2023 2/3 Hon'ble concerned Court;

(ii) For issuance of an appropriate writ of mandamus or any other appropriate writ(s) or order(s) or directions(s) commanding to the Respondent-1 to Respondent-5 to implement the order(s) and guideline(s) laid down in the Citizens for Democracy vs State of Assam And Ors 1995(3) SCR 943 while people/accused is to be arrested under Bihar Prohibition and Excise Act, 2016;

(iii) For issuance of an appropriate writ of mandamus or any other appropriate writ(s) or order(s) or direction(s) commanding to the Respondent-1 and Respondent-4 to restrain the publication of, broadcasting, circulation of the photo/video of accused who is in handcuffs or fetters with ropes from the social media news, local media news, print media news, government department news portal/page and any social site media;

Petitioner, who appears in person submits that he has filed the Public Interest Litigation for a direction to the respondent authorities to follow the guidelines and direction given by the Hon'ble Supreme Court regarding arrest and handcuffs.

In view of the fact that present writ application is in the nature of Public Interest Litigation, let this case go out of my Patna High Court CR. WJC No.1344 of 2022(2) dt.13-07-2023 3/3 list and be placed before the appropriate Bench after obtaining necessary permission of Hon'ble the Chief Justice.

(Anil Kumar Sinha, J) S.Ali/-

Unlock Advanced Research with PRISMAI

Patna High Court - Orders