IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. W.J.C. No.467 of 2010 SHIVA NATH SINGH, son of Late Mevalal Singh, resident of Village-Paharpur, P.S. Amnour, District- Saran, Bihar. Versus 1. STATE OF BIHAR. 2. The Collector, Saran at Chapra. 3. The Sub-Divisional Officer, Marhurah, Saran at Chapra. 4. The Block Development Officer, Amnour, Saran. 5. The Sub-Inspector of Police, Amnour Police Station, Saran at Chapra. 6. Shri Parma Singh, son of late Shiv Dhar Singh. 7. Shri Rupesh Kumar Singh, son of Shri Parma Singh. 8. Shri Manish Kumar Singh, son of Shri Parma Singh All 6 to 8 resident of Village-Paharpur, P.S. Amnour, Distt.-Saran. 9. Chief Engineer, Aircell, Bihar Circle, Patna. ----------- 2. 13.1.2011 Heard learned counsel for the petitioner and the State. The prayer of the petitioner is for issue of appropriate direction to the Sub-Divisional Officer, Marhurah for acting as per the provisions of section 144 Cr.P.C. and for further issue of a direction in the nature of prohibition restraining him from violating statutory provisions and legal rights of the petitioner in order to facilitate the opposite parties and thereby misusing his official position even after submission of the report by the Officer-in-Charge of Amnour Police Station. Learned counsel for the State submits that the notice in the aforesaid proceeding has been issued and, as such, the writ application has now become infructuous. Considering the submissions of the parties and in view of - 2 - the admitted fact that the notice has been issued, I am not inclined to interfere with the matter. The writ application is, thus, dismissed. However, it will be open for the petitioner to approach the concerned higher authority with regard to the alleged misusing the official position by the concerned Sub-Divisional Officer. PNM (Shailesh Kumar Sinha, J.)