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2025 DAILYLAW 78844 (PAT)

Sunil Kumar v. The Union of India

MJC/3530/2024 · 2025-04-18

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3530 of 2024 In Civil Writ Jurisdiction Case No.2160 of 2024 ====================================================== 1. Sunil Kumar S/O Late Ramshray Singh, R/O Flat No. 413b, Rohani Heights Apartment, Sector 29, New Delhi. 2. Vikash Kumar, S/O Sunil Kumar, R/O Flat No. 413b, Rohani Heights Apartment, Sector 29, New Delhi. 3. Vikram Kumar, S/O Sunil Kumar, R/O Flat No. 413b, Rohani Heights Apartment, Sector 29, New Delhi. ... ... Petitioner/s Versus 1. The Union of India through the Secretary Department of Home Affair, Government of India, New Delhi. 2. The Secretary, Department of Home Affairs, Government of India, New Delhi. 3. The Commissioner of Police, New Delhi, India. 4. The Economic Offence Wing, New Delhi, India. 5. The State of Bihar through its Chief Secretary, Government of Bihar, Patna. 6. The Bihar State Commission for women through its Chairperson, South Bailey Road, Patna. 7. The Chair Person, Bihar State Commission for Women, South Bailey Road, Patna. 8. The Ex-Officio Member- cum- Secretary, Bihar State Commission for Women, South Bailey Road, Patna. 9. The Deputy Secretary, Bihar State Commission for Women, South Bailey Road, Patna. 10. Jyotsana, D/o Praveen Kumar, W/o Vikram Kumar, R/o 101A, Shree Om Complex, Ved Nagar, Bailey Road, Rukanpura, Patna, Bihar. 11. Praveen Kumar, S/o Late Ram Ballabh, R/o 101A, Shree Om Complex, Ved Nagar, Bailey Road, Rukanpura, Patna, Bihar. 12. Bhavya, D/o Praveen Kumar, R/o 101A, Shree Om Complex, Ved Nagar, Bailey Road, Rukanpura, Patna, Bihar. 13. Sarvagya, S/o Praveen Kumar, R/o 101A, Shree Om Complex, Ved Nagar, Bailey Road, Rukanpura, Patna, Bihar. 14. Gunjan, W/o Vikash Kumar, R/o Flat No.413B, Rohani Heights Apartment, Sector 29, New Delhi. 15. Puspa Devi Singh, W/o Sunil Kumar, R/o Flat No.413B, Rohani Heights Apartment, Sector 29, New Delhi. ... ... Opposite Party/s ====================================================== with Patna High Court MJC No.3530 of 2024(6) dt.18-04-2025 2/5 Civil Writ Jurisdiction Case No. 2160 of 2024 ====================================================== Jyotsna W/o-Vikram Kumar, D/o Praveen Kumar at Present Residing at Flat No. 101A Sri Om Complex Ved Nagar Baily Road Rukanpura P.S.-Rupaspur Distt.-Patna. ... ... Petitioner/s Versus 1. The Union of India through the Secretary Department of Home Affairs Govt. of India, New Delhi. 2. The Secreary, Department of Home Affairs Govt. of India, New Delhi. 3. The Commissioner of Police New Delhi India 4. The Economic Offence Wing, New Delhi India 5. The State of Bihar through its Chief Secretary Govt. of Bihar Patna. 6. The Bihar State Commission for Woman through its Chair Person, South Baily Road, Patna Bihar. 7. The Chair Person, Bihar State Commission for Women South Baily Road, Patna. 8. The Ex-Officio Member-Cum-Secreary, Bihar State Commission for Women South Baily Road, Patna. 9. The Dy. Secretary, Bihar State Commission for Women South Baily Road, Patna. 10. Sunil Kumar S/o-Late Ramshray Singh Resident of Flat No. 413B, Rohani Hights Apartment Sector 29 New delhi, Official Address-S. Sun Rollers Pvt. Ltd. Bawana Distt.-Outer Delhi (New Delhi)-110039, Permanent Resident of Vilalge-Hathidah P.S.-HathidahDistt.-Patna. 11. Vikash S/o-Sunil Kumar Resident of Flat No. 413B, Rohani Hights Apartment Sector 29 New delhi, Official Address-S. Sun Rollers Pvt. Ltd. Bawana Distt.-Outer Delhi (New Delhi)-110039, Permanent Resident of Vilalge-Hathidah P.S.-HathidahDistt.-Patna. 12. Gunjan W/o-Vikash Kumar Resident of Flat No. 413B, Rohani Hights Apartment Sector 29 New delhi, Official Address-S. Sun Rollers Pvt. Ltd. Bawana Distt.-Outer Delhi (New Delhi)-110039, Permanent Resident of Vilalge-Hathidah P.S.-HathidahDistt.-Patna. 13. Puspa Devi Singh W/o-Sunil Kumar Resident of Flat No. 413B, Rohani Hights Apartment Sector 29 New delhi, Official Address-S. Sun Rollers Pvt. Ltd. Bawana Distt.-Outer Delhi (New Delhi)-110039, Permanent Resident of Vilalge-Hathidah P.S.-HathidahDistt.-Patna. 14. Vikram Kumar S/o-Sunil Kumar Resident of Flat No. 413B, Rohani Hights Apartment Sector 29 New delhi, Official Address-S. Sun Rollers Pvt. Ltd. Bawana Distt.-Outer Delhi (New Delhi)-110039, Permanent Resident of Vilalge-Hathidah P.S.-Hathidah Distt.-Patna. 15. Smt. Anju Kumari W/o not Known, Presently Posted as Dy. Secretary Bihar State Commission For Women, South Baily Road, Patna Bihar. ... ... Respondent/s Patna High Court MJC No.3530 of 2024(6) dt.18-04-2025 3/5 ====================================================== Appearance : (In Miscellaneous Jurisdiction Case No. 3530 of 2024) For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Standing Counsel 23 : Mr. Bindhyanchal Rai, Sr. Advocate Mr. Jyoti Ranjan Jha Mr. Vikram Singh Dr. Kislay Mr. Rahul Singh Mr. Roop Kishan (In Civil Writ Jurisdiction Case No. 2160 of 2024) For the Petitioner/s : Mr. Mukesh Kumar For the Respondent/s : Mr. Additional Solicitor General Mrs. Parul Prasad, CGC Mr. Aditya Anand For Res No. 6 to 9 : Mr. Madan Mohan Mr. Ritik Shah For Rs No. 10 to 14 : Mr. Binod Kr. Singh Mrs. Vagisha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 6 18-04-2025 Ref:- C.W.J.C. No. 2160 of 2024 Heard Mr. Mukesh Kumar, learned counsel for the petitioner, learned counsel for the State and Sri Murari Madan Mohan for the State Commission for Women. 2. This writ application has been filed for the following relief(s):- i) For issuance of appropriate Writ or Writs including writ in the nature of Mandamus Directing and Commanding the Official Respondents to perform their duties in accordance Law in fair and impartial manner and to secure ends of Justice to the Victim/Petitioner. ii) Further be Pleased to issue appropriate Writ/Writs in the nature of Quo-Warranto against the Respondents No.-15 as she is illegally occupying the post, for the several reasons. Patna High Court MJC No.3530 of 2024(6) dt.18-04-2025 4/5 3. The petitioner has limited his prayer with regard to the performance of duties by the respondent no. 15 who is posted as Dy. Secretary, Bihar State Commission for Women, Patna. 4. The Bihar State Commission for Women is directed to act in accordance with law on the application of the petitioner. The Bihar State Commission for Women will provide the certified copies of the documents for which the petitioner has applied or may apply, if not already supplied. 5. In view of the above, this application is disposed of. 6. Interlocutory application(s), if any, shall also stand disposed of. 7. All interim directions made in this application are hereby vacated. Ref:- M.J.C. No. 3530 of 2024 Since this Court has disposed of the writ petition, this application is also disposed of. 2. If the petitioner of this application is aggrieved by the private actions of the opposite parties during mediation proceedings, he may proceed against the persons in accordance with law in an appropriate forum i.e., the Police Station, who Patna High Court MJC No.3530 of 2024(6) dt.18-04-2025 5/5 are said to have assaulted him. Shishir/- (Sandeep Kumar, J) U