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Abha Rani vs The State Of Bihar, Through The … on 14 May, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.316 of 2018
Arising Out of PS. Case No.-1312 Year-2007 Thana- MUNGER COMPLAINT CASE
District- Munger

Abha Rani wife of Sri Uday Kumar Singh, daughter of Sri Ajay Kumar,
Resident of Village- Baha Chowki, P.S.- Dharahara, District- Munger.

… … Petitioner/s
Versus

1. The State of Bihar through the Secretary, Department Of Home (police),
Bihar, Patna

2. The Director, General of Police, Bihar, Patna.

3. The Superintendent of Police, Munger.

4. The Officer-in-charge of the Kotwali Police Station Munger.

5. Uday Kumar Singh @ Uday Kumar, son of Bishundeo Prasad Singh,
resident of Village- Balatara, P.S.- Gogari, District- Khagaria, presently
posted Hawaldar in Jharkhand Military Police, Bokaro-4, Post- Sector-12,
District- Bokaro- 827012.

… … Respondent/s

Appearance :

For the Petitioner/s : Mr. Nawal Kishor Singh, Advocate
For the Respondent/s : Mr. Md. Nadim Seraj,, G.P.-5

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 14-05-2019
This application under SectionArticle 226 of the Constitution of

India has been filed by the petitioner for a direction to the

respondent nos. 3 and 4 to ensure appearance of respondent no.5 in

Munger Complaint Case No.1312C of 2007 registered inter alia

under Sections 498A and Section307 of the India Penal Code.

2. Learned counsel for the petitioner submitted

that despite non-bailable warrant of arrest issued against

respondent no.5 in the aforesaid case, he is not appearing before

the court.

Patna High Court CR. WJC No.316 of 2018 dt.14-05-2019
2/2

3. The court dealing with a complaint case has

ample powers to compel appearance of an accused in case of

failure to appear on receipt of summons. The extraordinary

jurisdiction of this Court under SectionArticle 226 of the Constitution of

India cannot be invoked for the purposes of execution of an order

passed by a Court of Magistrate.

4. In view of equally efficacious statutory remedy

being available to the petitioner, I am not inclined to entertain this

application.

5. The application is dismissed, accordingly.

(Ashwani Kumar Singh, J)

Md. S/-

AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 17-05-2019
Transmission Date 17-05-2019

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