Patna High Court - Orders
Krishna Mochi @ Kameshwar Mochi @ Kamal ... vs The Designated ... on 15 January, 2015
Author: Ashwani Kumar Singh
Bench: Ashwani Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.94 of 2014
======================================================
1. Krishna Mochi @ Kameshwar Mochi @ Kamal Kant Ji S/O Chandra
Deo Mochi, Resident Of Gopalpur, P.S.- Vikram, District- Patna.
.... .... Petitioner/s
Versus
1. The Designated Authority-Cum-Principal Secetary Home (Special)
Bihar, Patna.
2. The Investigating Officer-Cum- The Sub-Divisonal Police Officer,
Danapur, Patna.
3. The Investigating Officer, S.H.O., Paliganj, Patna.
4. The State Of Bihar.
.... .... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha
For the Respondent/s : Mr. Rajiv Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
2 15-01-2015In the present application filed under Articles 226 and 227 of the Constitution of India the petitioner has made the following prayers in paragraph no.1 :-
"1. That by this writ application the petitioner prays for as follows :
i) That respondent No.2 & 3 be directed to release the seized cash of Rs. 68000.00 that has been seized in purported exercise of power conferred under section 25(5) of Unlawful Activities (Prevention) Act 1967, hereinafter to be referred as "The Act".
ii) That the respondents be further directed to pay an interest on the seized amount @ bank interest."
The petitioner has a remedy of appeal under section 25(6) of the Unlawful Activities (Prevention) Act, 1967. Patna High Court Cr. WJC No.94 of 2014 (2) dt.15-01-2015 2/2
In view of the availability of the statutory appeal, I am not inclined to entertain the present application. Accordingly, the writ petition is dismissed.
In case, the petitioner files an appeal within two weeks from today, the same shall be considered by the court below on merits.
(Ashwani Kumar Singh, J) Pradeep/-
U T