RAJESH KUMAR JAISWAL SON OF LATE JAI NARAIN JAISWAL Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY HOME

JUDGEMENT

(1.) This case has been listed under the heading "To Be Mentioned" on the request of learned counsel representing the petitioner. The case was earlier fixed for listing on 4th January, 2018. Since there was a judicial order to list the matter, learned counsel for the petitioner while mentioning the matter insisted for listing of the case so that it may be heard on priority basis. This is how the matter has come up for final disposal.

(2.) The parties have exchanged their pleadings inasmuch as the Deputy Secretary, Home Department (Police Branch) and the S.H.O. have filed their respective counter affidavits. There are many stages of this case, however, this Court is not required to record all those stages for the purpose of a decision in this case.

(3.) The petitioner had filed a complaint case bearing no.2437 of 2015 in the court of learned Chief Judicial Magistrate, Katihar who is said to have passed an order dated 02.09.2015 by which he took a view that the jurisdiction to try the offences alleged lies in the Patna Civil Court. The complaint petition was returned to the complainant in order to file the same before the competent Civil Court having jurisdiction to try the offences and hence according to the petitioner in compliance of the order dated 02.09.2015 passed in complaint case no.2437 of 2015 the present complaint case no.3165 of 2015 was filed in the court of learned Chief Judicial Magistrate, Patna. The allegations as contained in the complaint petition are briefly being taken note of herein below:-