Patna High Court - Orders
The State Of Bihar vs Onkar Nath Sharma on 17 October, 2011
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22709 of 2008
The State Of Bihar......................................Petitioner.
Versus
Onkar Nath Sharma, son of Sri Nawal Sharma, resident of
Mohalla-East Lohanipur, Pustakalay Gate, P.S.
Kadamkuan, District-Patna.3...............Opposite Party.
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For the State : Mr. Dilip Kumar Sinha, A.P.P.
For the Opposite Party : M/s. Pramod Kumar Sinha &
Arvind Kumar Sharma No.1,
Advocates.
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3. 17.10.2011. Heard the parties.
This application, under Section 482 of the Code of Criminal Procedure, has been filed on behalf of the State of Bihar, against the order dated 14.8.2007 passed by the Additional Sessions Judge, Fast Track Court No.V, West Champaran, Bettiah, in Criminal Revision No.240 of 2006/05 of 2007, whereby the Additional Sessions Judge, Fast Track Court No.V, West Champaran, Bettiah, has set aside the order dated 16.11.2006 passed by the Chief Judicial Magistrate, West Champaran, Bettiah, in Miscellaneous Case No.97 of 2006 and directed him to release the seized truck bearing Registration No.BR-IG-4972 in favour of the revisionist- 2 opposite party after examining the documents produced by the revisionist-opposite party on executing a proper Jimmanama and security bond of Rs.10,000,00/- (Ten lacs) with a further direction to send a copy of the order to the Superintendent of Police, Bettiah, West Champaran, for taking necessary action against the Officer-In-Charge, Bettiah Mufassil Police Station.
Learned A.P.P. for the State of Bihar has only challenged the order with regard to the direction of the revisional court for taking necessary action against the Officer-In-Charge, Bettiah Mufassil Police Station.
From the impugned order of the Additional Sessions Judge, Fast Court No.V, West Champaran, Bettiah, dated 14.8.2007 in Criminal Revision No.240 of 2006/05 of 2007, it appears that the truck bearing Registration No.BR-IG-4972 was standing within the jurisdiction of Bettiah Mufassil Police Station and the same was seized by the police without registering the case, which is ordered to be released, and for that reason the Additional Sessions Judge, Fast Court No.V, West Champaran, Bettiah, has ordered to send a copy of the said order to the Superintendent of Police, Bettiah, West Champaran, for taking necessary action against the Officer- 3
In-Charge, Bettiah Mufassil Police Station.
I find nothing wrong in the impugned order dated 14.8.2007 passed by the Additional Sessions Judge, Fast Track Court No.V, West Champaran, Bettiah, in Criminal Revision No.240 of 2006/05 of 2007, to interfere with the same in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.
Accordingly, this application stands dismissed.
(Rajendra Kumar Mishra, J) P.S.