Patna High CourtCR. MISC./1382/2015dismissed

Dipak Kumar v. State Of Bihar And ANR

2015-05-01Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1382 of 2015 Arising Out of PS.Case No. -277 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Dipak Kumar son of Sri Amir Lal Rai resident of village Kashipur Chakbibi, P.O. Bidupur (R.S.), P.S. Raja Pakar, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sudama Singh son of Late Deolal Singh resident of village Khilbat, P.S. Biddupur, District Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Anish Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-05-2015 This application has been filed for quashing the order dated 16.12.2014 passed by the learned Judicial Magistrate Ist Class Vaishali at Hajipur in G.R. Case No. 3762 of 2013 arising out of Hajipur Sadar P.S. Case No. 277 of 2013 whereby the learned Judicial Magistrate has rejected the application filed by the petitioner for release of the vehicle bearing Registration No. W53A 5586, Chasis No. 426031ARZ202268, Engine No. 80A62633473.

2. Admittedly, the petitioner is not the registered owner of the vehicle in question. In that view of the matter, in my opinion, an application for release of the vehicle on

Patna High Court Cr.Misc. No.1382 of 2015 (4) dt.01-05-2015 2/2 his behalf could not have been allowed by the learned Magistrate. Hence, I do not find any merit in this application. Accordingly the application is dismissed.

3. However, it is made clear that in case the registered owner of the vehicle files an application for the release of the vehicle in question, the same shall be considered by the learned Magistrate on its own merits without being prejudiced in any manner by the order passed by this Court or by the aforementioned order dated 16.12.2014.

(Ashwani Kumar Singh, J) M.Rahman/- U T