High Court Patna High Court - Orders

Nand Kishore Sharma &Amp; Ors. vs The State Of Bihar &Amp; Ors. on 21 January, 2011

Patna High Court – Orders
Nand Kishore Sharma &Amp; Ors. vs The State Of Bihar &Amp; Ors. on 21 January, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.2584 of 2011
            1.    NAND KISHORE SHARMA SON OF LATE TILKADHARI
                  SHARMA, AT PRESENT WORKING AS VICE CHANCELLOR,
                  KAMESHWAR        SINGH        DARBHANGA      SANSKRIT
                  UNIVERSITY, DARBHANGA.
            2.    MANOJ KUMAR, SON OF RAMWARTH PRASAD, EX-
                  CONTROLLER OF EXAMINATION, KAMESHWAR SINGH
                  DARBHANGA SANSKRIT UNIVERSITY, DARBHANGA,
                  LECTURER,     DEPARTMENT          OF   SANSKRIT,  B.R.
                  AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR.
            3.    SUBODH KUMAR JHA, SON OF LATE KAMLA KANT JHA,
                  S.D.O., EXAMINATION, AT PRESENT POSTED AS
                  LECTURER, RAMAAUTA GAUTAM SANSKRIT COLLEGE,
                  AHILYA ASTHAN, DARBHANGA.
                                            Versus
            1.   THE STATE OF BIHAR
            2.   THE SUPERINTENDENT OF POLICE, DARBHANGA
            3.   SHRI K.K. PATHAK, SECRETARY HUMAN RESOURCES
                 DEVELOPMENT      DEPARTMENT,         NEW   SECRETARIAT,
                 PATNA.
            4.   SHRI JAY CHANDRA PRASAD SRIVASTAVA, SON OF LATE
                 KAMESHWAR PRASAD SRIVASTAVA, RESIDENT OF
                 NARKATIYAGANJ, POLICE STATION SIKARPUR, DISTRICT-
                 WEST CHAMPARAN AT PRESENT POSTED AS REGIONAL
                 DEPUTUY DIRECTOR OF EDUCATION, DARBHANGA.
                                          -----------

2 21.01.2011 Heard the parties.

A supplementary affidavit has been filed on

behalf of the petitioner, keep it on record.

This application is for modification of the order

dated 21.12.2010 whereby the petitioner was permitted

to produce all the relevant materials before the

Superintendent of Police, Darbhanga for consideration. It

is submitted that all the relevant papers have been

produced pursuant to the order of this Court before the

Superintendent of Police. However, those papers have not
2

been examined and sent to the Investigating Officer.

Mr. Shyam Kishore Sharma, learned

Government Advocate No. 3 submits that the matter is

under examination.

Considering the submissions of the parties, let

no coercive steps be taken against the petitioner till 21st

of February 2011 in connection with L.N.M.U. P.S. Case

Nos. 126 of 2010 and 150 of 2010.

The order dated 21.12.2010 passed in Cr.W.J.C

No. 1310 of 2010 is modified to the above extent.

It will be open for the petitioner to produce the

same material before the Investigating Officer as well for

expeditious consideration.

The Cr. Misc No. 2584 of 2010 stands disposed

of.

Let this order be communicated to the Chief

Judicial Magistrate, Darbhanga in connection with

L.N.M.U. P.S.Case Nos. 150 of 2010 and 126 of 2010

through fax at the cost being deposited by the petitioner.

Amrendra/ (Shailesh Kumar Sinha, J.)