Dismissed¶28

Md. Sabir Hussain v. The State of Bihar through the Principal Secretary, Home Department, Patna

Patna HC12 Jul 2024CR. MISC./49082/2024

Case brief

AI extract

What is this about?

Modification of earlier writ order refused; new cause of action after charge-sheet; Cr.W.J.C. No.267 of 2023 disposed 01-03-2024; Investigating Officer directed to verify claim of appointment after passing Bihar Secondary Teacher's Eligibility Test and report to Jurisdictional Magistrate; charge-sheet filed without considering points in that order; PS Case No.56/2022, Balia Belon, Katihar; liberty to file separate application under appropriate provision of law; single-judge oral order, Bibek Chaudhuri, J.; no statute or precedent cited.

What did the court decide?

No substantive relief; the petitioner was left at liberty to file a separate application under appropriate provision of law praying for appropriate relief. ¶28

Md. Sabir Hussain Vs The State of Bihar through the Principal Secretary, Home Department, Patna — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; the petitioner was left at liberty to file a separate application under appropriate provision of law praying for appropriate relief.

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Issue for consideration

Whether the order dated 1st of March, 2024 disposing of Cr.W.J.C. No.267 of 2023 can be modified so as to direct the Judicial Magistrate, Katihar to consider the defence case of the accused person, in view of the charge-sheet filed against the petitioner without consideration of the points mentioned in that order.

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Court's answer

The petitioner's prayer for modification is founded entirely on a new cause of action, namely the submission of the charge-sheet against him after the earlier order was passed.

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Ratio / Principle

Since the prayer rests on a new cause of action, the question of modification of the order dated 1st of March, 2024 does not arise.

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Key takeaways

The petitioner remains at liberty to file a separate application under appropriate provision of law praying for appropriate relief.ratio¶27
The instant application for modification has no merit and is rejected.ratio¶28

Detailed headnote1 paragraphs

Patna High Court (Bibek Chaudhuri, J.), Criminal Miscellaneous No.49082 of 2024, decided 12-07-2024: The petitioner, whose Criminal Writ Jurisdiction Case No.267 of 2023 had been disposed of on 1st of March, 2024 with directions to the Investigating Officer to examine his claim of appointment after qualifying the Bihar Secondary Teacher's Eligibility Test and report to the Jurisdictional Magistrate, sought modification of that order after police filed a charge-sheet against him without considering the points mentioned therein, asking that the Judicial Magistrate, Katihar consider his defence case. Held: the prayer rests absolutely on a new cause of action accrued after submission of the charge-sheet; the question of modification of the order dated 1st of March, 2024 therefore does not arise; the petitioner is at liberty to file a separate application under appropriate provision of law for appropriate relief. Application for modification rejected.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49082 of 2024

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Criminal Writ Jurisdiction Case No.267 of 2023

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Arising Out of PS. Case No.-56 Year-2022 Thana- BALIA BELON District- Katihar

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Md. Sabir Hussain S/o Shamsul Haque R/o Larkania Tola, P.S. - Katihar, Distt. - Katihar

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Home Department, Patna Bihar

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The District Education Officer, Katihar, Bihar

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The Block Education Officer, Kadwa, Katihar, Bihar

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The Principal, Primary School, Hakimabad, Panchayat Bichhara, P.S. - Balia Belon, Distt. - Katihar Bihar

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. A.A.G.-3

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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2 12-07-2024

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Cr.W.J.C. No. 267 of 2023 was disposed of by this

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Court on 1^st of March, 2024, directing the Investigating Officer to conduct investigation in respect of claim of the petitioner and submit a report to the Jurisdictional Magistrate within two months from the submission of the copy of the writ petition to the Investigating Officer. In the order, it was directed that if the Investigating Officer finds that the petitioner was appointed after having the eligibility on being passed Bihar Secondary Teacher’s Eligibility Test, the Investigating Officer is at liberty to file report in final form in the jurisdictional Court of Magistrate.

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Patna High Court CR. MISC. No.49082 of 2024(2) dt.12-07-2024 2/2

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Now, by filing a petition in the aforesaid Miscellaneous Case, it is submitted on behalf of the petitioner that police had filed charge-sheet against the petitioner before the Court of learned Jurisdiction Magistrate without considering the points mentioned in the order dated 1^st of March, 2024.

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Therefore, the petitioner has prayed for modification of the order dated 1^st of March, 2024, directing the Judicial Magistrate, Katihar to consider the defence case of the accused person.

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The prayer made by the petitioner is submitted before this Court absolutely on a new cause of action, which has been accrued after submission of charge-sheet against him.

¶26