Patna High CourtCR. MISC./47205/2013dismissed

Shivanandan Prasad Singh v. The State Of Bihar And ORS

2016-06-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47205 of 2013 ====================================================== Shivanandan Prasad Singh, Son Of Ashutosh Prasad Singh, Resident Of R.K. Bhattacharya Road, P.S.- Gandhi Maidan, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Arun Kumar, Son of Sri Ramdeo Prasad, Lalgi Tola, P.S.- Gandhi Maidan Patna-800001.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Ram Janam Maharaj For the Opposite Party/s : Mr. S.Ehtesamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-06-2016 Heard learned counsel for the petitioner, learned counsel appearing on behalf of Opposite Party No. 2 and also learned A.P.P. appearing on behalf of the State (O.P.No.1). This application has been filed under Section 482 of the Cr.P.C. against the order dated 05.08.2013 passed in Criminal Revision No. 33 of 2011, whereunder the learned Adhoc Additional District and Sessions Judge-1, Patna dismissed the aforesaid Criminal Revision of the petitioner affirming the order dated 14.12.2010 passed in Case No. 1051(M) of 2010 by the S.D.M, Sadar, Patna in proceeding under Section 147 Cr.P.C. to remove the vehicle by the member of second party-petitioner to the front of chamber of the member of first party-O.P. No.2 and park the vehicle any other place. The leanred counsel for the petitioner submits that the order dated 14.12.2010 passed in Case No. 1051(M) of 2010 to

Patna High Court Cr.Misc. No.47205 of 2013 (5) dt.23-06-2016 2/2 remove the vehicle to front of chamber of member of first partyO.P.No.02 by the member of 2nd party petitioner was passed ex party but the learned Adhoc Sessions Judge-1st, Patna illegality affirmed the same through the impugned order.

On going through the impugned order, it appears that the learned Adhoc Sessions Judge on consideration of the submission and material placed by the petitioner has affirmed the order dated 14.12.2010 passed by the S.D.M., Sadar, Patna to remove vehicle from the front of chamber of member of first party-O.P.No.02 and to place anywhere within one week under Section 147 Cr.P.C. I find no illegality to interfere with impugned order in extraordinary jurisdiction under Section 482 Cr.P.C. and accordingly this application is dismissed.

(Rajendra Kumar Mishra, J) manish/- U T