In an oral order dated 06-01-2014, the Patna High Court rejected a Criminal Writ Petition. The Court held that the writ court should not model itself as an investigating officer, leading to the dismissal of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CR. WJC No.414 of 2013 (11) dt.06-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ No.414 of 2013
====================================================== 1. Braj Kishore Upadhyay S/O Late Indradeo Upadhyay Resident Of Village- Sisai Tola Siswa, P.O.- Sisai, P.S.- Bhore, Block- Bhore, DistrictGopalganj (Bihar). .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary Department Of Home, Government Of Bihar, Patna 2. The District Magistrate Gopalganj, District- Gopalganj (Bihar). 3. The Superintendent Of Police Gopalganj, District Gopalganj (Bihar) 4. The District Incharge Officer Madhyan Bhojan Yojna ( Mid Day Meal Programme), Goapalganj, District- Gopalganj (Bihar) 5. Rajiv Kumar Upadhyay Prakhand Sdhan Sevi, Madhyan Bhojan Yojana ( Mid Day Meal Programme), Bhore Block- Bhore, P.S.- Bhore, DistrictGopalganj (Bihar). .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : M/s. Rajiv Giri, Santosh Mishra, Advocates For the Respondent/s : Mr. Md. Shahid Siddiqui, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11 06-01-2014 Heard learned counsel for the petitioner as well as learned AC to AAG-9. The writ court should not indulge and model itself as an Investigating Officer. Consequent thereupon, the instant writ petition is rejected. (Aditya Kumar Trivedi, J) perwez
1 issue framed by the court
Whether the writ court should examine the matter as an investigating officer.
Braj Kishore Upadhyay
The State Of Bihar Through The Principal Secretary Department Of Home, Government Of Bihar
The District Magistrate Gopalganj
The Superintendent Of Police Gopalganj
The District Incharge Officer Madhyan Bhojan Yojna ( Mid Day Meal Programme), Goapalganj
Rajiv Kumar Upadhyay Prakhand Sdhan Sevi, Madhyan Bhojan Yojana
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
