Ramesh Prasad vs The State Of Bihar & Anr on 14 September, 2012

[Cites 2, Cited by 0]

Patna High Court - Orders

Ramesh Prasad vs The State Of Bihar & Anr on 14 September, 2012

Bench: Mandhata Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.14931 of 2009
                  ======================================================
                  Ramesh Prasad
                                                                         .... .... Petitioner
                                                    Versus
                  1. The State of Bihar
                  2. Shambhu Prasad
                                                                  .... .... Opposite Parties
                  ======================================================
                  Appearance:
                  For the Petitioner    :     Mr. Ajit Kumar
                                             Mr. Archana Sinha

                  For the Opposite Party no.2:   Mr. S.K.Upadhaya

                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH
                  ORAL ORDER

17   14-09-2012

This application has been filed for quashing the attachment order dated 6.4.2009 passed by Shree Deepak Kumar Singh, Judicial Magistrate, 1st Class, Patna in Trial No. 1973/2009 arising out of Complaint Case No. 1563/2008.

Heard learned counsel for the parties.

Issuance of process under section 83 of Code of Criminal Procedure is challenged by filing this quashing petition on the ground that the petitioner is father of accused Sanjay Kumar who is absconding, according to him he is living separately having separate business and process is issued to address of this petitioner which is his self acquired property that is Flat no. G-10, Emarat Kohinoor Apartment, Near Road No.36, Chitkohra, P.O. Anisabad, P.S. Gardani Bagh, Patna.

Patna High Court Cr.Misc. No.14931 of 2009 (17) dt.14-09-2012 2

There can be no doubt that for the fault of son, father's self acquired property cannot be attached. In this case no property is attached. Legal position is that objection against attachment order can be raised under section 84 of Code of Criminal Procedure.

Another factual position concerns with address of accused Sanjay Kumar that is discussed by the trial court that his wife was also accused in the case, she surrendered in the court showing her address as same Flat no. G-10, Emarat Kohinoor Apartment, Near Road No. 36, Chitkohra, P.S. Gardani Bagh, Patna, so this plea is also not tenable.

I find no illegality to interfere the impugned order dated 6.4.2009. This application is accordingly, dismissed.

However, objection against the attachment of property can be raised under section 84 of Code of Criminal Procedure before the court below.

(Mandhata Singh, J) A.I./-

Unlock Advanced Research with PRISMAI

Patna High Court - Orders