Disposed

Lalbabu Jha v. The State Of Bihar, Through The District Magistrate, Vaishali and Ors.

Patna HC24 Sept 2018CR. WJC/1878/2018

Case brief

AI extract

What is this about?

In a criminal writ petition, the petitioner sought a direction to refer a complaint case to police for investigation. The Court refused as it would usurp judicial functions but directed the Special Judge to consider any pending application by the petitioner within 30 days without prejudice to merit.

What did the court decide?

Direction to the Special Judge to consider the petitioner's application within 30 days if required, without expressing opinion on merits.

Lalbabu Jha Vs The State Of Bihar, Through The… — Criminal Trial and Appeal | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1878 of 2018

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Arising Out of PS. Case No.-17 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur

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====================================================== Lalbabu Jha, S/o Late Ganesh Jha, resident of Village- Mamrejpur, P.S.Desri, Dist.- Vaishali at present Working as a Chaukidar, Bit No. 01, P.S.Desri, Dist.- Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar, through the District Magistrate, Vaishali.

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The District Magistrate, Vaishali at Hajipur.

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The Superintendent of Police, Vaishali at Hajipur.

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The Department of Vigilance, through its Director, Bihar, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Thakur For the Respondent/s : Mr. Partha Sarthi (Ga 4) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 24-09-2018

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This writ application has been preferred seeking a

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direction to the Incharge Court of Special Judge, Vigilance, Muzaffarpur to refer the Complaint Case No. 17 of 2018 to the concerned Police Station by exercising his power under Section 156 (3) Cr.P.C. for institution of the F.I.R. and its investigation.

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Learned counsel for the Vigilance Investigation Bureau and learned counsel representing the State are present. This Court is of the considered opinion that the prayer made in the writ application as it is cannot be granted by this Court as it would amount to usurping the power of the regular court which is vested with jurisdiction to consider an application if so brought before the court competent for that purpose in

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Patna High Court Cr. WJC No.1878 of 2018(2) dt.24-09-2018 2/2

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terms of Section 156 (3) Cr.P.C. The prayer to refer the complaint is, therefore, not entertained by this Court.

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At this stage, learned counsel for the petitioner submits that, in fact, he is looking for consideration of an application filed in the court below as according to him, the learned Incharge Special Judge, Vigilance, Muzaffarpur is not considering the application filed by him.

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Limited to the aforesaid aspect, this Court would direct the learned Incharge Special Judge, Vigilance, Muzaffarpur that in case any appropriate application has been brought by the petitioner before the court and the same is required to be considered by the court, the court would give that consideration within a period of 30 days from the date of receipt of that application.

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The aforesaid direction shall, however, not be considered as an opinion expressed by this Court on the merit of the allegations.

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This application is disposed off accordingly.

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(Rajeev Ranjan Prasad, J)

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avin/-Ved U T

Lalbabu Jha v. The State Of Bihar, Through The District Magistrate, Vaishali and Ors.

Case brief

What is this about?

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Lalbabu Jha v. The State Of Bihar, Through The District Magistrate, Vaishali and Ors.

Case brief

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What did the court decide?

What the court decided

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