Dismissed

Gopi Raman Mishra v. the State of Bihar, through the Secretary, Department of Home, Govt. of Bihar, Patna

Patna HC25 Jul 2023CR. WJC/651/2021

Case brief

AI extract

What is this about?

Petitioners sought direction to conclude a trial pending since 2001. The High Court dismissed the writ application, holding that the petitioners lacked locus standi as they were not aggrieved parties or informants in the underlying FIR.

What did the court decide?

No relief granted. The writ application was dismissed.

What the court decided

Gopi Raman Mishra Vs the State of Bihar, through the… — Writ and Judicial Review | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.651 of 2021

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Arising Out of PS. Case No.-358 Year-2001 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur

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GOPI RAMAN MISHRA S/o Late Ganesh Mishra R/o Mohalla- Teacher’s Colony, P.S.- Ahiyapur, District- Muzaffarpur (Bihar)

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Raj Kishore Singh S/o Janak Singh R/o village- Shitalpur, Ray Tola, P.S.Chakiya, District- East Champaran

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR, THROUGH THE SECRETARY, DEPARTMENT OF HOME, GOVT. OF BIHAR, PATNA

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The Registrar, Civil Court, Muzaffarpur

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The Director General of Police, (D.G.P.) Bihar, Patna

The Superintendent of Police, Muzaffarpur

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The District Magistrate, Muzaffarpur

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The Secretary, Bihar School Examination Board, Patna

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The Officer in Charge, Town Police Station (Muzaffarpur East), Muzaffarpur

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Ashok Kumar Singh S/o Late Raj Narayan Singh (Retired Principal) (Main allaged Accused), Raj Narayan Singh Inter College Balu Ghat, P.S.- Town (Muzaffarpur) and at present Resident of Mohulla- Balughat, P.S.- Town Thana (Muzaffarpur), District- Muzaffarpur

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Akhilesh Kumar S/o Late Rajj Ranjan Singh (Ex Head Clerk) R/o- Balughat, P.S.- Town Thana ( Muzaffarpur), District- Muzaffarpur

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Tejendra Sinha For the Respondent/s : Mr. Sanjay Kumar, AC to SC 8

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 25-07-2023 The petitioner, who claims to be a social activist, has come before this court for issuance of a direction to the learned Chief Judicial Magistrate, Muzaffarpur to conclude the trial within a reasonable time in connection with Town (Muzaffarpur) PS Case No. 358 of 2001 dt- 19.12.2001

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Patna High Court CR. WJC No.651 of 2021(3) dt.25-07-2023 2/2

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registered under Section 419 / 420 / 467 / 468 / 469 / 471 / 120 (B) of the IPC and Section 3/4 and 10 of the Bihar Examination Control Act - 1981.

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According to the petitioner the trial in the matter is still pending since 19/12/2001.

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Learned counsel for the State submits that the petitioner has got no locus standi to file the present case inasmuch as he is neither the informant nor the aggrieved party (i.e. accused person) in the present F.I.R. He next submits that the petitioner claims to be a staff of the college in question as well as social activist as stated in paragraph -3 of the writ application.

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Having regard to the submissions made by learned counsel for the State and taking into consideration the fact that petitioner is not one of the aggrieved parties, I am of the view that learned counsel for the State has raised right objection that petitioner has got no locus standi.

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Accordingly, this writ application is dismissed.

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(Anil Kumar Sinha, J)

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praful/-

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Gopi Raman Mishra v. the State of Bihar, through the Secretary, Department of Home, Govt. of Bihar, Patna

Case brief

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Gopi Raman Mishra v. the State of Bihar, through the Secretary, Department of Home, Govt. of Bihar, Patna

Case brief

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