Chanchal Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9958 of 2015 ====================================================== Chanchal Kumar Singh son of Siya Singh resident of Village- Bakhari Tola, PS- Patahi, District- East Champaran .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Magistrate, East Champaran

3. The Additional District Magistrate, East Champaran

4. The Superintendent of Police, East Champaran

5. The Officer-in-Charge, Patahi Police Station, District- East Champaran .... .... Respondent ====================================================== Appearance :

For the Petitioner : Mr. Ravindra Kr Sinha No.2s, Advocate For the State : Mr. G.P. Ojha- GP22 Mr. Praveen Kumar, AC to GP 22 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-09-2015 Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that, even after his acquittal from the criminal charges vide Annexure 4, the gun which was seized during the investigation of the case by the police which is in custody of the court concerned, could not be released till date. The petitioner claims that he has already filed a petition on 28.04.2010 before the court of the Additional District & Sessions Judge, FTC-II, Motihari, East Champaran for the said purpose but no order has been passed till date. It is contended on behalf of the State that the trial court is empowered to dispose of the property produced before it or which is in custody of the court, in terms of section 452 of the Code of

Patna High Court CWJC No.9958 of 2015 (2) dt.29-09-2015 Criminal Procedure.

In above view of the matter, this writ application is being disposed of with a direction to the court concerned to take a decision in accordance with law within a period of two months from the date of receipt/production of a copy of this order. (Dr. Ravi Ranjan, J) SC/- U