Dilip Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14897 of 2018 ====================================================== Dilip Kumar Son of Harilal Prasad Resident of Village- Ramchandrapur, P.S. Jamalpur, District- Munger.

... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2. The Collector, Munger, District- Munger.

3. The D.C.L.R. , Munger, District-Munger.

4. The Sub-Divisional Officer Sadar, Munger, District- Munger.

5. The Anchal Adhikari, Jamalpur, Anchal Office, Jamalpur, District- Munger.

6. The Officer-In-Charge, Adarsh Thana Jamalpur, District-Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiyaram Shahi, Advocate Mr. Ram Sevak Choudhary, Advocate For the Respondent/s :

Mr. Fakhruddin Ali Ahmed, A.C. to AAG12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-08-2018 By way of this Public Interest Litigation the petitioner has prayed for the following reliefs:

"It is, therefore, prayed that your Lordships may graciously be pleased to admit this writ petition, issue Rule NISI, calling upon the respondents to show cause as why the relief prayed in paragraph-1 of the writ application be not granted and in absence of any appropriate reply by the respondent the said rule be made absolute after hearing the parties."

Having heard learned counsel appearing for the respective parties and considering the fact, and the same is not disputed, that the 11 volumes of Register-II are seized in connection with Jamalpur P.S. Case No. 50 of 2015, dated

Patna High Court CWJC No.14897 of 2018 dt.13-08-2018 2/2 24.04.2015 instituted against Gun Prakash Singh, Revenue Karmachari, Jamalpur Anchal under Sections 409, 467, 468 and 379 of I.P.C.

Therefore, the relief which is sought in the present writ application cannot be granted. However, it may be open for the aggrieved party to approach the learned Chief Judicial Magistrate, Munger, before whom criminal proceedings are pending, for release of the original Register-II and he may consider the same while exercising the powers under Section 451 of Cr.P.C. on terms and conditions which it may deem fit, may be by permitting the appropriate authority from whom the Register 2 was seized, to get the xerox copy or imposing any other condition. With the aforesaid, this writ application is disposed of. (Mukesh R. Shah, CJ) ( Dr. Ravi Ranjan, J) K.C.Jha/Uma/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 14.08.2018 Transmission Date N/A