IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.472 of 2011
Baij Nath Singh
Versus
The State Of Bihar & Ors.
4 10.8.2011
The petitioner has filed the instant application for
alleged violation of the order dated 18.11.2008 passed in
Cr.W.J.C. No.1074 of 2007. In the concluding paragraph of
the order this court observed that the Superintendent of Police,
Patna will himself supervise the matter and final form would
be filed after the same is vetted by him. This court further
observed that it would be open to the petitioner to file a
representation raising all his grievances before the Senior
Superintendent of Police, Patna who will examine the same
and pass appropriate order in accordance with law.
So far as first part of the order is concerned,
learned State counsel submits that the investigation had
already been concluded before passing of the order dated
18.11.2008. So far as filing of the representation before the
Senior Superintendent of Police, Patna is concerned, it has
been stated that no application has been filed by the petitioner.
Counsel for the petitioner submits that in
pursuance of the order of this court dated 18.11.2008 the
petitioner filed his representation on 19.12.2008 to the Senior
Superintendent of Police, Patna. He further submits that the
seized arms has not been examined as yet whereas learned
State counsel has submitted the seized arms have been sent to
2
the District Arms Magistrate, Patna for examination and for
establishment of its owner as would be evident from
paragraph 3 of the order dated 18.11.2008.
Considering the facts and circumstances of the
case, it would be open for the petitioner to take advantage of
the same in course of the trial.
With the aforesaid observations, this contempt
application stands disposed of.
(S.P. Singh,J)
KHAN