Criminal Writ application seeking arrest of a private respondent was dismissed as infructuous by the Patna High Court following subsequent developments during its pendency.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.362 of 2015
====================================================== Vijay Kumar Jaiswal, S/o Lal Babu Jaiswal @ Lalchand Jaiswal, R/o - Nandgola, ( Proprietor - M/S Priya Timber, Patna Ghat ), P.O.- Patna City, Police Station - Malsalami, District - Patna
.... .... Petitioner Versus 1. The State of Bihar 2. The Director General of Police, Bihar, Patna 3. The Deputy Inspector General of Police, Central Range, Patna 4. The Senior Superintendent of Police, Patna
.... .... Respondents
====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate For the Respondent/s : Mr. Smt. Namrata Mishra (Ga 13)
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 27-01-2016 By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioner has made the following prayers in para-1 :-
“1. That this is an application for issuance
of appropriate writ/writs direction/directions/order/orders for the following reliefs :-
(I) For issuance of a writ in the nature of
Mandamus commanding the respondents to
Patna High Court Cr. WJC No.362 of 2015 (2) dt.27-01-2016
2/3
arrest the accused person, that is private respondent (respondent no.8) forthwith in connection with Malsalami P.S. Case no.228 of 2007 and comply the order passed by the learned trial court in connection with G.R. No.2336 of 2007.
(II) For directing the respondents nos.2 to 7 to take coercive steps against the private respondent and to comply the order passed by the learned trial court who is avoiding the trial and arrest him who is moving free in-spite of the issuance of proceeding under section 82 Cr.P.C. by the learned court below vide order dated 23.06.2014 and issuance of proceeding under section 83 Cr.P.C. dated 16.10.2014 by the learned Judicial Magistrate in Gr no.2336 of 2007 under section 406, 420, 323, 504 and 34 of Indian Penal Code.
(III) For any other appropriate relief/reliefs or for passing any other order/orders or direction/directions which your lordships deem fit and proper to which the petitioner is found
Patna High Court Cr. WJC No.362 of 2015 (2) dt.27-01-2016
3/3
entitled in the facts and circumstances of this
case.”
At the outset, Mr. Alok Ranjan, learned counsel for the petitioner submits that due to subsequent developments which took place during pendency of the present application, the prayers made in the writ petition has become infructuous.
In that view of the matter, the application is dismissed as infructuous.
(Ashwani Kumar Singh, J)
N.H./-
U T
Vijay Kumar Jaiswal
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
