Patna High Court
Kishore Kunal vs Sri Sant Bhagwan Ram @ Balak Baba, ... on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.160 of 2021
In
Civil Writ Jurisdiction Case No.18451 of 2021
======================================================
Kishore Kunal Son of Late Ramchandra Prasad Shahi Resident of Goshala
Road, P.S.- Patliputra, District- Patna.
... ... Petitioner/s
Versus
1. Sri Sant Bhagwan Ram @ Balak Baba, Organizer-cum-International
Secretary, Universal Satyug Stage India Nyas, Registered Society having its
office at Collectorate Ghat, Patna and its Branch Office at Dhanuskutir
Asthan, Harihar Chetra, Sonepur, District- Saran, Bihar.
2. The State of Bihar through its Chief Secretary, Govt. of Bihar.
3. The Home Commissioner-cum-Secretary, Govt. of Bihar.
4. The Director General of Police, Govt. of Bihar.
5. The District Magistrate, Government of Bihar, Patna.
6. The Senior Superintendent of Police, Bihar, Patna.
7. The Deputy Superintendent of Police, P.S. Shastrinagar, Bihar, Patna.
8. The Station House Officer, P.S. Shastrinagar, Bihar, Patna.
9. The Station House Officer, P.S. Shashtrinagar, Bihar, Patna.
10. The President/Chairman, Bihar Religious Trust Board, Vidyapati Marg,
Patna.
11. The Superintendent, Bihar Religious Trust Board, Vidyapati Marg, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Kumar Shanu, Advocate
For Opposite Party no.1 : Ms. Sugandha Prasad, Advocate
For the Opposite Party/s : Mr. Lalit Kishore, AG
Mr. Pawan Kumar, AC to AG
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE A. M. BADAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 11-05-2022
Heard learned counsel for the parties.
The instant Review Application has been filed
Patna High Court C. REV. No.160 of 2021 dt.11-05-2022
seeking review review of the judgment and order dated
26.10.2021 passed in CWJC No. 18451 of 2021, titled as Sri
Sant Bhagwan Ram @ Balak Baba Vs. The State of Bihar &
Ors.
With the consent of the parties, we propose to
dispose of the present petition in the following terms.
For the reasons assigned in the petition, in exercise
of our plenary jurisdiction of review, we recall our judgment and
order dated 26.10.2021 passed in CWJC No. 18451 of 2021,
more so on the ground that the order was obtained by
concealing relevant material information/suppressing facts and
to pursue a personal agenda which appears to be an inter se
dispute between two private parties.
We further notice that in the instant petition, on 24 th
of November, 2021, we had passed the following order:-
"Ms. Sugandha Prasad, learned
counsel appearing on behalf of the Opposite Party
No. 1 states that no precipitated action shall be
taken. Also, reply shall be filed before the next date
of hearing.
List on 08.12.2021."
It is brought to our notice that Private Respondent
No. 1, namely Shri Sant Bhagwan Ram @ Balak Baba has
Patna High Court C. REV. No.160 of 2021 dt.11-05-2022
violated the aforesaid order, inasmuch as he got instituted a
complaint through a third party.
In view of the apology tendered by the Private
Respondent No. 1, with the condition that the said complaint
shall be withdrawn, in fact deemed to have been withdrawn, we
refrain from taking any appropriate action for having violated
our order.
As such, the present petition (Civil Review No. 160
of 2021) is allowed. Judgment and order dated 26.10.2021
passed in CWJC No. 18451 of 2021, titled as Sri Sant Bhagwan
Ram @ Balak Baba Vs. The State of Bihar & Ors. is recalled
and the complaint case [Enquiry No. 6/2022, titled as Falahari
Suryavanshi Das Vs. Acharya Shri Kishore Kunal & Anr.,
pending before the learned Special Judge, SC & ST Act, Patna]
is deemed to have been withdrawn.
At this stage, learned counsel appearing for the
private respondent pleads that permission be granted to initiate
appropriate proceedings in accordance with law.
Well, in the attending facts and circumstances of
the case, we are not inclined to accept such a prayer, but
however, should there be any subsequent cause of action, it is
always open for the petitioner to take recourse to remedies in
Patna High Court C. REV. No.160 of 2021 dt.11-05-2022
accordance with law.
Civil Review Application stands disposed of in the
aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
Record called for, in terms of our order dated
06.04.2022, be returned forthwith.
(Sanjay Karol, CJ)
(A. M. Badar, J)
P.K.P./Amrendra
AFR/NAFR
CAV DATE
Uploading Date 12.05.2022
Transmission Date
