Patna High CourtCR. WJC/258/2019disposed

Md. Sulaiman Ahmad And ORS v. The State Of Bihar, Through It Director General Of Police, Secretariat, Patna- 15 And ORS.

2019-02-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.258 of 2019 Arising Out of PS. Case No.-644 Year-2018 Thana- KOTWALI District- Patna ======================================================

1. Md. Sulaiman Ahmad Son of Late Moinuddin Resident of Mohalla - Pachmohalla Gilampar, P.O., P.S. and District - Jehanabad.

2. Md. Tarif Amaan @ Sonu Son of Md. Sulaiman Ahmad

3. Sahnaz Bano Wife of Md. Ansar Ahmad Both are Residents of Mohalla - Pach-mohalla, Ward no. 15, P.O., P.S. and District - Jehanabad.

... ... Petitioner/s

Versus

1. The State of Bihar, through It Director General of Police, Secretariat, Patna2. The Inspector General of Police, Patna Zone, Patna, North of Gandhi Maidan, Patna-1.

3. The Deputy Inspector General of Police, Central Zone, Patna, North of Gandhi Main, Patna-1.

4. The Superintendent of Police (Patna City Center), Patna Sadar, Patna.

5. The Sub-Divisional Police Officer, Patna Sadar, Patna.

6. The S. H. O. Cum Inspector, Kotwali Police Station, Patna.

7. The Superintendent of Police, Jehanabad, District- Jehanabad.

8. The Sub-Divisional Police Officer, Jehanabad Sadar, District- Jehanabad.

9. The S. H. O. Cum Inspector, Jehanabad (Town), District Jehanabad ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr. Phulen Yadav, Advocate For the Respondent/s :

Mr. M. Nasrul Huda Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-02-2019 After some arguments, realizing that an equally efficacious statutory remedy against the order of attachment is available to the petitioners under Section 84 of the Code of Criminal Procedure, learned counsel appearing for the petitioners submitted that the writ petition may be disposed of with liberty to the petitioners to file an objection before the court concerned on the ground that he has interest in such

Patna High Court Cr. WJC No.258 of 2019(2) dt.04-02-2019 2/2 property and that such interest is not liable to attachment under Section 83 of the Code of Criminal Procedure. In view of the submission made above, the writ petition is disposed of with liberty aforesaid. (Ashwani Kumar Singh, J) kanchan/- U T