Pathal Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1359 of 2018 Arising out of Kotwali P.S. Case No.555 of 2017, District-Patna. ====================================================== Pathal Devi, W/o Late Surendra Pandey, R/o Vill.- Laxmichak, P.S.- Sahpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Home Commissioner, Government of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Senior Superintendent of Police, Patna.

5. The Station House Officer, P.S.- Kotwali, District- Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prem Sheela Pandey For the Respondent/s : Mr. Md. Nadim Seraj (GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-07-2018 Learned counsel for the petitioner has fairly taken a stand that she would file an application in the court below for release of the vehicle in question. Only submission of learned counsel is that considering the fact that huge delay takes place in the court below in disposing of such application for release because police reports are not received despite waiting for several months, this Court may direct the court below to dispose of the application for release of the vehicle within a reasonable time. Learned counsel for the State is present.

In the facts and circumstances of the case considering the fairness of the submission, this Court would direct

Patna High Court Cr. WJC No.1359 of 2018 (2) dt.02-07-2018 the court below that on the petitioner filing an application in accordance with law for release of the vehicle in question, the same shall be disposed off by the court below within a period of two weeks from the date of filing of the said application. In case the report from the police authorities/investigating officer is required, the court below shall ensure that the investigating officer submits his report in compliance of the court's order within the aforesaid period. On the investigating officer failing to submit his report, the court below shall dispose of the application without waiting for the same.

The writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Arvind/- U T