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Patna High CourtCR. WJC/2701/2017disposed

Nahida Khatoon @ Nahida v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

2023-04-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 2701 of 2017 Arising Out of PS. Case No.-1489 Year-2013 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Nahida Khatoon @ Nahida ... ... Petitioner/s

Versus

The State Of Bihar Through The Director General Of Police, Bihar, Patna and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhubala Verma For the Respondent/s :

Mr.Md. Nadim Seraj Gp-5 Mrs. Shalini, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor.

The following prayer has been made by the learned counsel for the petitioner.

1) An order/direction to the Respondents for immediate arrest of the accused Md. Raja who is absconding in connection with Complaint Case No. C1489/13, DistrictSitamarhi.

2) A direction for execution of process under Section 83 Cr. P.C. issued by the Court below in connection with Complaint Case no. C1489/13 against the absconding accused Md. Raja.

3) A direction for action against the Respondents no. 5

Patna High Court CR. WJC No. 2701 of 2017(4) dt.03-04-2023 2/2 for submitting false report on the execution of process under Section 83 Cr. P.C. regarding the property of the Md. Raja. The Counter affidavit has been filed by the learned counsel for the State is taken on record.

The learned counsel for the petitioner is not satisfied with the counter affidavit filed by the State. She also submits that the accused has property and his share of his property can be attached by the police but the police is not doing the same. In view of the above, this application is disposed of with liberty to the petitioner to approach the Magistrate Court for redressal of his grievances and and the Magistrate will act in accordance with law on the application of the petitioner. (Sandeep Kumar, J) Sunnykr/- U