Single judge disposed of the writ petition by granting liberty to the petitioner to pursue remedies against the lodged FIR, since the writ petition was rendered infructuous by the FIR.
Liberty to the petitioner to avail other remedies for assailing the criminal proceedings.
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 Civil Writ Jurisdiction Case No.15811 of 2022
======================================================
Sulekha Kumari Wife of Sri Rohit Kumar Jha, resident of Virpur Loharpatti, Police Station Basopatti, District - Madhubani.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Rama Nand Poddar, Advocate For the Respondent/s : Mr.S.K. Mandal (SC 3) : Mr. Bipin Kumar, AC to SC 3 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 21-06-2023
The present petition has been filed seeking the
following reliefs :-
“(i) For quashing the office order vide memo no. 577 dated 05.09.2022 passed by the respondent no. 2- The Assistant Director, Social Welfare Department, Madhubani by which he was directed to institute First Information Report against the petitioner. (ii) For issuance of a direction to respondents authority to break the hold of the account of the petitioner which has wrongly been hold up.”
The learned counsel for the respondent State submits that F.I.R. has already been lodged against the
Patna High Court CWJC No.15811 of 2022(2) dt.21-06-2023 2/2
petitioner, hence, the present writ petition has been rendered infructuous, inasmuch as now the petitioner has to avail appropriate remedies, as far as the aforesaid criminal case is concerned.
In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such remedies as are otherwise available under the law for assailing the aforesaid criminal proceedings. Liberty so sought, is granted.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
rinkee/-
U
1 provisions across 1 enactments
Sulekha Kumari
State of Bihar through the Director Social Welfare Department, Madhubani
Assistant Director Social Welfare Department, Madhubani
District Magistrate, Madhubani
Branch Manager, Uttar Bihar Gramin Bank, Bassopatti, Madhubani
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
