IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1773 of 2007 Jaleshwar Sahani, Son of Mahendra Sahani, Resident of Village- Laskaripur, P.S. – Kanti, P.O.- Kalwari, District- Muzaffarpur, Bihar …. …. …. Petitioner Versus 1. The State Of Bihar 2. Superintendent of Police, Sitamarhi 3. Deputy Inspector General of Police, Tirhut Range, District Muzaffarpur 4. Director General of Police, Bihar, Patna Headquarter, near ………, Patna … … Respondents …… 02/ 05.08.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner at the relevant time was serving as Police Constable. He was made accused in Bela P.S. Case No. 10 of 1992 registered for the offence under Sections 302/34 of the Indian Penal Code. On the same allegation, which was contained in the First Information Report of the aforesaid Bela P.S. Case No. 10 of 1992, petitioner was also departmentally proceeded and dismissed from service under order bearing Memo No. 755/C dated 25.3.1996, Annexure-2 to this application which has also been affirmed by the High Court under orders dated 29.9.2003, Annexure-4. Under judgment dated 29.4.2006 passed in Sessions Trial 2 Case No. 313 of 1996, petitioner has been acquitted of the charge levelled against him pursuant to Bela P.S. Case No. 10 of 1992. 3. It is submitted on behalf of the petitioner that as the petitioner has been acquitted of the charge, which is the basis of his dismissal from service by the competent criminal court, order dismissing him from service is required to be reconsidered in the light of the judgment of the Hon’ble Supreme Court rendered in the case of Capt. M. Paul Anthony Vrs. Bharat Gold Mines Ltd. and another, reported in AIR 1999 Supreme Court 1416. 4. Let the Superintendent of Police, Sitamarhi, Respondent no.2 reconsider the earlier order bearing Memo No. 755/C dated 25.3.1996, Annexure-2 in the light of the finding of acquittal recorded under judgment dated 29.4.2006 in the light of the law laid down by the Hon’ble Supreme Court in the case of Capt. M. Paul Anthony Vrs. Bharat Gold Mines Ltd. and another (supra), as early as possible, in any case within two months 3 from the date of receipt/ production of a copy of this order before the Superintendent of Police, Sitamarhi, Respondent no.2. 5. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)