Shaheen Praveen @ Shaheen Perween @ Saheen Praveen And ANR. v. The State Of Bihar Through Economic Offences Unit, Patna, Biahr

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4768 of 2015 Arising Out of PS. Case No.-5 Year-2013 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ======================================================

1. Shaheen Praveen @ Shaheen Perween @ Saheen Praveen Wife of Musharraf Taz. Resident of village- Bariapur, P.S.- Sakra, District- Muzaffarpur(Bihar).

2. Rehnuma Praveen @ Rahnuma Perveen Wife of Junaid Alam Resident of Village- Mathtoe, P.S. Jandaha, DistrictVaishali(Bihar.) ... ... Petitioner/s

Versus

The State of Bihar Through Economic offences Unit, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagarnath Singh, Advocate.

For the Opposite Party/s :

Mr. Akhileshwar Pd. Singh Sr. Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2018 Heard learned counsel for the petitioners and the counsel for the Economic Offences Unit.

The application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 21.01.2014 passed by learned Special Judge, Vigilance-I, Patna in Special case no. 03 of 2013, arising out of Economic Offences Police Station case no. 05 of 2013 registered under Section 13(2) read with 13(1)(e) of the Prevention of Corruption Act, 1988, whereby and whereunder the petitioner's application dated 16.05. 2013 for release of their seized jewelleries seized by the Economic Offences Unit, was rejected.

Learned counsel for the petitioners has submitted that

Patna High Court Cr.Misc. No.4768 of 2015(6) dt.05-02-2018 2/2 charge sheet has already been submitted in this case and the petitioners have not been sent up for trial.

From the impugned order, it appears that learned Special Judge, Vigilance has rejected the petition for release of the items belonging to the petitioners seized by the police during investigation, on the ground, that the petition is premature, as criminal investigation is already going on.

Learned counsel for the petitioners has submitted that now investigation has been completed.

In view of such, this petition is dismissed as withdrawn with liberty to petitioners to renew prayer before the learned Special Judge, Vigilance-1, Patna in terms of impugned order. (Sanjay Priya, J) shyambihari/- U T