Patna High Court - Orders
Nand Kishore Sharma & Ors. vs The State Of Bihar & Ors on 10 March, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6368 of 2011
1. Nand Kishore Sharma, son of Late Tilakdhari
Sharma, at present working as Vice-Chancellor,
Kameshwar Singh Darbhanga Sanskrit
University, Darbhanga.
2. Manoj Kumar, son of Ramwarth Prasad, Ex.
Controller of Examinations, Kameshwar Singh
Darbhanga Sanskrit University, Darbhanga,
Lecturer, Department of Sanskrit, B.R.
Ambedkar Bihar University, Muzaffarpur.
3. Subodh Kumar Jha, son of Late Kamla Kant
Jha, S.D.O., Examination, at present posted as
Lecturer, Ramaauta Gautam Sanskrit College,
Ahilya Asthan, Darbhanga.
---Petitioner
Versus
1. THE STATE OF BIHAR.
2. The Superintendent of Police, Darbhanga.
3. Shri K.K. Pathak, Secretary, Human Resources
Development Department, New Secretariat,
Patna.
4. Shri Jay Chandra Prasad Srivastava, son of Late
Kameshwar Prasad Srivastava, Resident of
Narkatiyaganj, Police Station Sikarpur, District-
West Champaran at present posted as Regional
Deputy Director of Education, Darbhanga.
---Opp. Parties
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3. 10.3.2011Heard learned counsel for the petitioners and the State.
This application is for modification/clarification of the order dated 21st of January, 2011 passed in Cr.Misc. No.2584 of 2011, whereby interim order was passed to the effect that let no coercive steps be taken against the petitioners till 21st of February, 2011 in connection with L.N.M.U. P.S. Case Nos.126 of 2010 and 150 of 2010.
The prayer of the petitioners is that the said interim protection may be extended till conclusion of the investigation and the submission of the report by the police.
-2-The petitioners initially had filed a criminal writ, being Cr.W.J.C. No.641 of 2010. This Court upon a detailed consideration disposed of the said writ petition by its order dated 6.9.2010, whereby, on the request of the petitioners, opportunities were given to them to place their case before the Superintendent of Police, Darbhanga, who will look into the matter and examine the same, so that the investigation is carried out to its logical conclusion and by way of interim order, directed that no coercive steps will be taken against the petitioner for a period of six weeks. The petitioners thereafter filed another writ application, vide Cr.W.J.C. No.1310 of 2010 for quashing of the aforesaid L.N.M.U. Police Station Case No.150 of 2010. The said writ application was disposed of by order dated 21.12.2010 considering the submissions of the petitioners that the petitioners tried to submit the necessary documents/papers before the Superintendent of Police, Darbhanga. However, the same could not be produced. On the request of the petitioners, another opportunity was given to place their case before the Superintendent of Police, Darbhanga on or before 21.1.2011 in his office, so that the same could be looked into and examined during the course of investigation. The Court by way of interim protection directed that no coercive steps be taken against the petitioner till 21st of January, 2011.
The present application has been filed for modification of the order dated 21.1.2011 passed in Cr.Misc. No.2584 of 2011 to the extent that the interim protection granted to the petitioners by order dated 21.1.2011 be continued till conclusion of the investigation and -3- submission of the report by the police.
It has been submitted on behalf of the petitioners that the relevant papers have been produced before the Superintendent of Police, Darbhanga as also before the Investigating Officer of the aforesaid police case.
Considering the submissions of the petitioners and on perusal of the petition it appears that the very purpose for which the interim protection was given has already been fulfilled by producing the necessary papers as requested by the petitioners and, as such, in my opinion, no further interim order needs to be passed.
It goes without saying that the investigation of the aforesaid police case be done expeditiously without unnecessary delay.
With the above observations, this application is, accordingly, rejected.
PNM (Shailesh Kumar Sinha, J.)