Patna High CourtCR. WJC/799/2019disposed

M/S Ram Pravesh Rai Estate Pvt. Limited, Through Managing Director v. The State Of Bihar Through Director General Of Police, Patna, Bihar .

2019-05-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.799 of 2019 Arising Out of PS. Case No.-138 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== M/s Ram Pravesh Rai Estate Pvt. Limited, through Managing Director, S/o Late Kamla Rai, Sh. Ram Pravesh Rai, 59 Years, Gender Male, S/o Late Kamla Rai, office at Gohaura House, Srinagar, Siwan, Pin 841226, Bihar Presently at, R/o 213, Goharua House, Patliputra Colony, P.O. and P.S.- Patliputra, Patna-800013, Bihar.

... ... Petitioner

Versus

The State of Bihar through Director General of Police, Patna, Bihar. 2.

Superintendent of Police, Muzaffarpur, Bihar. 3.

The S.H.O. P.S. Sadar Muzaffarpur, Bihar ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Nath, Advocate Mr. S. Parth Sarthy, Advocate Mr. Binod Kumar, Advocate For the Respondent/s :

Mr. Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 08-05-2019 In the present application, the prayer of the petitioner is for setting aside the order dated 11.02.2019 passed by the learned ACJM-IV, Muzaffarpur in G.R. No.1058/2018, T.R. No.1628 of 2018 arising out of Sadar P.S. Case No.138 of 2018 whereby the application of the petitioner for releasing the vehicle bearing Registration No.BR-06-G-2802 has been rejected.

2. Since the order impugned has been passed under Section 451 of the Code of Criminal Procedure and is revisable under Sections 397 and 401 of the Code of Criminal Procedure as

Patna High Court CR. WJC No.799 of 2019 dt.08-05-2019 2/2 also the petitioner has statutory remedy under Section 482 of the Code of Criminal Procedure, I am not inclined to entertain the present application filed under Article 226 of the Constitution of India.

3. Accordingly, the application is disposed of with liberty to the petitioner to avail the statutory remedies available in law against the order impugned.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.05.2019 Transmission Date 10.05.2019