Shakuntala Devi v. The State Of Bihar Through District Magistrate, Madhubani And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2100 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Madhubani ====================================================== Shakuntala Devi W/o Late Rajendra Kumar Roy, R/o Red Cross Road, Ward No. 21, P.S.- Madhubani Nagar, District- Madhubani, Bihr. ... ... Petitioner/s

Versus

1. The State of Bihar Through District Magistrate, Madhubani.

2. The Superintendent of Police, Madhubani.

3. The Sub- Divisional Magistrate, Madhubani Sadar.

4. The Sub-Divisional Magistrate, Jhanjharpur.

5. The officer-In-Charge, Madhubani Nagar Police Station, Madhubani

6. M/s Rose Valley Chain Marketing System Ltd., Registered office at RGM25/3010, Raghunathpur, VIP Road, Kolkata-700059, West Bengal. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Respondent/s :

Mr. Partha Sarthy (Ga 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 31-10-2018 In view of the statements made in the counter affidavit filed on behalf of respondent no. 2 clearly stating that the State respondent has not locked the premises of the writ petitioner, no direction may be issued to the respondents to unseal the premises in question.

Learned counsel for the petitioner submits that the Sub-Divisional Magistrate, Jhanjharpur (respondent no. 4) has sealed the premises. If it is so, the petitioner shall file an application before the Sub-Divisional Magistrate, Jhajharpur within a period of 15 days from today seeking release of the premises in question and on filing such application the same

Patna High Court Cr. WJC No.2100 of 2018(5) dt.31-10-2018 2/2 shall be considered by the Sub-Divisional Magistrate, Jhanjharpur and an appropriate order shall be passed within a period of 30 days from the date of filing of the application. It is not clear from the pleadings available on the record that the premises has been sealed in connection with any case and therefore, the Sub-Divisional Magistrate, Jhanjharpur shall also consider the desirability of keeping the premises in sealed condition when there is no case in connection with the premises in question is pending as on date.

This application is disposed off accordingly. (Rajeev Ranjan Prasad, J) avin/- U