IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6395 of 2009 SUNIL KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 20.5.2009 Heard learned counsel for the petitioner and the State. In view of the statutory alternative remedy available to the petitioner before the Appellate authority, this Court is not inclined to interfere with the matter at this stage. This Court is satisfied that in view of the District wise Appellate authority created, the petitioner has a more expeditious and efficacious remedy there, as the original records shall also be easily available for perusal. It is made clear that this Court has not gone into merits of the matter which shall remain open for consideration by the Appellate authority in its entirety. The Appellate authority shall not be prejudiced and shall not proceed on any assumption against the petitioner because of the Court having declined to entertain the application for the aforesaid reason. The Appellate authority shall then be required to pass a reasoned and speaking order after full discussion of the defence of the petitioner. Any such application by the petitioner is required to be disposed within the - 2 - statutory time fixed under Rule 2 of the notification creating the Appellate authority to be computed from the date that the petitioner files his application before it. If it is the case of the petitioner that he is covered by certain orders of this Court on an issue, that is to be properly examined and considered by the Appellate authority. The application stands disposed. P. Kumar (Navin Sinha, J.)