High Court Patna High Court - Orders

Rajendra Prasad vs The State Of Bihar & Anr on 14 July, 2011

Patna High Court – Orders
Rajendra Prasad vs The State Of Bihar & Anr on 14 July, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Cr.Misc. No.36422 of 2008
                         Rajendra Prasad S/o Gulzari Lal, R/o Mohalla-Shaheed Road, P.S.-
                         Kotwali, District-Gaya.
                                                                          .........Petitioner
                                                   Versus
                     1. The State Of Bihar.
                     2. Subodh Prasad @ Subodh Kumar Gupta, S/o late Ram Chandra
                         Prasad, R/o Eastern Shaheed Road House No. 14/B/23 Near
                         Paradise Cinema, P.S.-Kotwali, District-Gaya.
                                                                     ........Opposite Parties
                                                 -----------

02 14.07.2011 Heard learned counsel for the petitioner and learned

counsel for the State.

It appears that this matter has been pending for a very long

time. The allegation is that the opposite party no. 2, Subodh Prasad @

Subodh Kumar Gupta who has a Pan shop, was creating public nuisance

by operating the loud speaker on full volume. The petitioner runs a

clinic by the side of Pan shop and the patients of the petitioner were

disturbed due to the loud speaker.

The proceeding has been dropped because of the fact that

petitioner remained absent on two continuous date. The matter is of the

year 2008. If the petitioner is still aggrieved by the acts of the opposite

party who is supposedly creating noise pollution near and around the

hospital, it would be open to him to make a complaint to the District

Magistrate or the concerned authority. However, this Court does not

propose to interfere in this matter at present.

This application is, thus, dismissed.

(Sheema Ali Khan, J.)
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