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Patna High Court

Md. Neyaz @ NeyazullahversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The petition was held to be infructuous and the case was disposed of.

Summary

The petitioner, Md. Neyaz, challenged an order dated 18 June 2018 of the Judicial Magistrate‑I, Jehanabad, which required him to be physically present on three consecutive dates and imposed a restriction on leaving India, despite a prior exemption order dated 3 August 2007 issued by this Court. The petitioner argued that the later order was unnecessary and sought its setting aside. The State did not oppose the petitioner's request to have the matter disposed of. Both parties agreed that the issue had become moot. Consequently, the Court held that the petition was infructuous and disposed of the case. The order of the Judicial Magistrate‑I was effectively set aside as the matter was no longer live.

Issues considered

  • Whether the order compelling physical presence and restricting international travel is enforceable when a prior exemption order exists

Subjects

  • petition
  • exemption order
  • travel restriction
  • infructuous
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49601 of 2018
                    Arising Out of PS. Case No.-310 Year-2004 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Md. Neyaz @ Neyazullah S/o Nematullah Malic, R/o Vill.- Erki, P.S. Distt.-
                 Jehanabad.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shiw Kumar Prabhakar, Advocate
                 For the Opposite Party/s :       Smt. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   10-02-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. This petition has been filed against the order dated

                   18.06.2018 passed by learned Judicial Magistrate-I, Jehanabad

                   in Tr. No. 1305 of 2007, arising out of Jehanabad P.S. Case No.

                   310 of 2004, by which petitioner was compelled to be

                   physically present on three consecutive dates and put

                   restrictions not to go out of India despite the fact that the

                   petitioner was already exempted by order dated 03.08.2007 of

                   this Hon’ble Court.

                                3. Learned counsel for the petitioner submits that this

                   case may be disposed as it has become infructuous.

                                4. Learned A.P.P. for the State has no objection to this

                   prayer of the petitioner.
            Patna High Court CR. MISC. No.49601 of 2018(2) dt.10-02-2026
                                                        2/2




                                   5. In view of the submissions of learned counsels for

                      the parties, this case stands disposed of as it has become

                      infructuous.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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