The Patna High Court dismissed the writ petition holding that the petitioners have no remedy by way of habeas corpus. The court ruled the writ was not maintainable and directed the petitioners to approach the appropriate forum.
Writ petition dismissed; directed to approach the appropriate forum.
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Patna High Court CR. WJC No.642 of 2013 (2) dt.17-07-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.642 of 2013
====================================================== 1. Md. Mojim @ Kari 2. Md.Sajim @ Bhakua both sons of Md.Sakir 3. Md. Lalbabu son of Md.Mehtar, all are residents of Mohalla Hatiyagachhi, P.S.& District Saharsa .... .... Petitioner/s Versus 1. The State Of Bihar Through Director General Of Police, Patna 2. Superintendent of Police, Saharsa 3. Officer-in-charge Saharsa P.S., District Saharsa 4. Md.Firoj son of Md.Shakil, resident of Saharsa Basti, Ward No.31, P.S.& District Saharsa 5. Sweta Srivastava wife oif Yogesh Srivastava C/o Md.Aftab @ Afia, resident of Mohalla Fakir Tola, Ward No.16, near Maszid, P.S.& District Saharsa . .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Respondent/s : Mr. AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) ---------------------- 2 17-07-2013 Heard. The petitioners have remedy elsewhere and not by way of writ of habeas corpus. This writ petition is not maintainable and is accordingly dismissed. However, the petitioners, if so advised, may agitate the matter before the appropriate forum. (Shyam Kishore Sharma, J) Tahir/- (Rajendra Kumar Mishra, J)
1 issue framed by the court
Whether the petitioners have a remedy by way of writ of habeas corpus.
Md. Mojim @ Kari and Md.Sajim @ Bhakua and Md. Lalbabu
The State Of Bihar Through Director General Of Police, Patna and Superintendent of Police, Saharsa and Officer-in-charge Saharsa P.S. and Md.Firoj and Sweta Sri
Shyam Kishore Sharma
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
