Petitioner's counsel stated the sole petitioner died, rendering the application infructuous as her husband could seek independent remedies. Court disposed of the application accordingly, granting no liberty.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1095 of 2016
Arising Out of PS. Case No.-126 Year-2016 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur
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Minakshi Chaudhary, wife of Surendra Prasad Chaudhary, resident of Mohalla Sri Nagar Colony, Gobar Sahi Chauk, Bhawanpur, P.S. Sadar Muzaffarpur, District- Muzaffarpur. ... ... Petitioner Versus
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Anil Kumar Mishra, Advocate For the Respondent/s : Mr.Md.Nadim Serajgp-5 ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
Court that the sole petitioner has died and since the prayer made in the writ application was confined to the relief to be granted to
Patna High Court CR. WJC No.1095 of 2016(3) dt.20-02-2020 2/2
the petitioner who is no more, this writ application has become infructuous.
Learned counsel for the deceased-petitioner, however, submits that her husband wish to move the court with his own cause of action and for that liberty may be granted.
Learned counsel for the State submits that in the present writ application no such liberty is required to be given as it is always open for any person to seek his remedy if a cause of action arose to him in accordance with law.
Taking note of the aforesaid submission of the learned counsel for the parties, this Court finds substance in the submission of the learned counsel for the State.
So far as this writ application is concerned, it has become infructuous. The husband of the petitioner need not get any liberty from this Court if he intends to seek his remedy for any cause of action.
This application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J)
vats/-
U
Minakshi Chaudhary
State of Bihar
Director General Of Police, Bihar, Patna
Inspector General Of Police, North Bihar Range, Bihar, Patna
Deputy Inspector General of Police, Muzaffarpur, Bihar
Superintendent of Police (Town), Muzaffarpur
RAJEEV RANJAN PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
