Praveen Kumar Mehtar @ Praveen Kumar @ Parbin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13986 of 2019 ====================================================== Praveen Kumar Mehtar @ Praveen Kumar @ Parbin Kumar, Male, aged about 35 years, son of Beni Madhav Mehtar @ Beni Madhav, resident of village- Vishanpur Gulami, P.S.- Balua Bazar, Ward No. 09 District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Excise Commissioner, Bihar, Patna. 2.

The District Magistrate, Supaul.

3.

The Superintendent of Police, Supaul.

4.

The Officer Incharge, Pipra Police Station, District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Sri Murari Narain Chaudhary, Advocate For the Respondent/s :

Mr. Kumar Manish (S.C. -5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR and HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAKESH KUMAR) 14-10-2019 Sri Murari Narain Chaudhary, learned counsel for the petitioner in presence of Sri Kumar Manish, learned Standing Counsel No. 5 submits that one month prior to lodging of the present case in which his vehicle has been seized, the petitioner had filed a complaint case since earlier his vehicle was hired by an another person and it was not being returned. Learned counsel for the petitioner admits that the said complaint case is still pending.

Considering the fact that the vehicle in question is subject matter in a complaint case, it would not be appropriate

Patna High Court CWJC No.13986 of 2019(2) dt.14-10-2019 2/2 for this court to exercise its writ jurisdiction unless the petitioner approaches the concerned court.

After some argument, learned counsel for the petitioner requests for disposal of the present petition, so that, petitioner may avail appropriate remedy.

The prayer is allowed.

The writ petition stands disposed of with liberty as indicated above.

(Rakesh Kumar, J) ( Prakash Chandra Jaiswal, J) praful/- U