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Patna High CourtCWJC/21357/2014dismissed

Gopal Prasad v. The State Of Bihar And ORS

2024-06-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21357 of 2014 ====================================================== Gopal Prasad son of late Panalal sah, resident of Mohalla- Naga Road, Raxaul, Police Station-Raxaul, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, Department of Home, Govt. of Bihar, Patna.

2.

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

The Deputy Inspector General of Rail Police, Tirhut Division, Muzaffarpur at and PO Muzaffarpur.

4.

The Supritendent of Rail Police, Muzaffarpur, at and PO Muzaffarpur. 5.

Anjani Kumar, son of Shri Jawahar Prasad S.T.F., SOG-2, Muzaffarpur, At and PO- Muzaffarpur.

6.

Umesh Dubey, son of Kashi Nath Dubey, village- Gowardhanpur, Police Station Akauri Gola, District- Rohtas at present S.T.F., Muzaffarpur, At and PO- Muzaffarpur.

7.

Braj Bhushan Prasad, son of Ram Nath Prasad, village- Barki Nainijor, Police Station- Nainijor, District- Buxar, at present S.T.F., Muzaffarpur, At and PO- Muzaffarpur.

8.

Raj Kumar Singh, son of Uma Shankar Singh, resident of VillageSinghasani, Police Station- Ramgarhwa, district- East Champaran, at present S.T.F., Muzaffarpur, At and PO- Muzaffarpur.

9.

Saroj Kumar Singh, father's name not known J.C. 407, posted as S.T.F., Muzaffarpur, At and PO- Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar, Advocate For the Respondent/s :

Mr.Prashant Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) An appropriate writ/direction commanding the Respondents to hand over the 28 kg and 1.66 gm silver bullions belonging to the petitioner which the Respondent Nos.5 to 9 dishonestly took way with

Patna High Court CWJC No.21357 of 2014(2) dt.19-06-2024 2/2 them on the pretext of seizure from the employees of the petitioner and for such theft/ misappropriation did not show this 28 kg 1.66 gm silver bullions in the seizure list, may be issued.

(ii) An appropriate writ/direction commanding the Respondent Nos.2 to 4 to hold an impartial enquiry into the representations filed by the petitioner and after such enquiry take appropriate steps for refund of the aforesaid silver bullion belonging to the petitioner which the Respondent No.5 to 9 have misappropriated, may also be issued.

(iii) Consequent upon the enquiry into the matter, as repeatedly requested by the petitioner by making representations/applications before the Respondent authorities, appropriate action may be taken against the Respondent Nos.5 to 9"

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Saurav/- U