Kamlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5251 of 2020 ====================================================== Kamlesh Prasad aged about 44 years, Male, Son of Kailash Gop, resident of Village Baso Bagi, P.O. and P.S. Barh, Patna, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Food and Consumer Protection Department Govt. of Bihar, Patna.

2.

The Collector-cum-District Magistrate, Patna. 3.

The District Supply Officer, Barh, District- Patna. 4.

The Sub. Divisional Officer Barh, District- Patna. 5.

The Block Supply Officer, Barh, District- Patna. 6.

The Superintendent of Police, Patna.

7.

The Additional S.H.O.-cum-S.I., Barh, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Archana Prasad, Advocate For the Respondent/s :

Mr. Arvind Ujjwal, SC 4 with Mr. Upendra Pratap Singh, AC to SC 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-03-2021 The matter has been heard via video conferencing.

2. Heard Ms. Archana Prasad, learned counsel for the petitioner and Mr. Arvind Ujjwal, learned SC 4 along with Mr. Upendra Pratap Singh, learned AC to SC 4.

3. The petitioner has moved the Court for the following reliefs:

"That this writ petition has been filed for a direction to respondents authorities to release the vehicle Pick-up van vehicle no. BR-01GE/6934 which was seized in connection with Athmalgola PS

Patna High Court CWJC No.5251 of 2020 dt.15-03-2021 2/2 Case No. 191/19 under section 419 and 420 of the Indian Penal Code and under section 7 of the Essential Commodities Act on 16.10.19 in favour of the petitioner; and for any other relief/reliefs for which the petitioner is found entitled in the facts and circumstances of the case."

4. In view of the fact that a substantive criminal case has been lodged in connection with the incident in which the vehicle has been seized, in the opinion of the Court, the petitioner should first approach the concerned forum where such case is pending for the relief sought for in the present application.

5. Accordingly, the present application stands disposed off in light of the observation made above.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T