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
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
1. The State of Bihar through the Secretary, Department Of Home (police),
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
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
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
Patna High Court CR. WJC No.316 of 2018 dt.14-05-2019
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
5. The application is dismissed, accordingly.
(Ashwani Kumar Singh, J)
CAV DATE N/A
Uploading Date 17-05-2019
Transmission Date 17-05-2019