IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22709 of 2008
The State Of Bihar......................................Petitioner.
Versus
Onkar Nath Sharma, son of Sri Nawal Sharma, resident of
Mohalla-East Lohanipur, Pustakalay Gate, P.S.
Kadamkuan, District-Patna.3...............Opposite Party.
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For the State : Mr. Dilip Kumar Sinha, A.P.P.
For the Opposite Party : M/s. Pramod Kumar Sinha &
Arvind Kumar Sharma No.1,
Advocates.
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3. 17.10.2011. Heard the parties.
This application, under Section 482 of the Code of
Criminal Procedure, has been filed on behalf of the State of
Bihar, against the order dated 14.8.2007 passed by the
Additional Sessions Judge, Fast Track Court No.V, West
Champaran, Bettiah, in Criminal Revision No.240 of 2006/05
of 2007, whereby the Additional Sessions Judge, Fast Track
Court No.V, West Champaran, Bettiah, has set aside the order
dated 16.11.2006 passed by the Chief Judicial Magistrate,
West Champaran, Bettiah, in Miscellaneous Case No.97 of
2006 and directed him to release the seized truck bearing
Registration No.BR-IG-4972 in favour of the revisionist-
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opposite party after examining the documents produced by
the revisionist-opposite party on executing a proper
Jimmanama and security bond of Rs.10,000,00/- (Ten lacs)
with a further direction to send a copy of the order to the
Superintendent of Police, Bettiah, West Champaran, for
taking necessary action against the Officer-In-Charge, Bettiah
Mufassil Police Station.
Learned A.P.P. for the State of Bihar has only
challenged the order with regard to the direction of the
revisional court for taking necessary action against the
Officer-In-Charge, Bettiah Mufassil Police Station.
From the impugned order of the Additional Sessions
Judge, Fast Court No.V, West Champaran, Bettiah, dated
14.8.2007 in Criminal Revision No.240 of 2006/05 of 2007, it
appears that the truck bearing Registration No.BR-IG-4972
was standing within the jurisdiction of Bettiah Mufassil
Police Station and the same was seized by the police without
registering the case, which is ordered to be released, and for
that reason the Additional Sessions Judge, Fast Court No.V,
West Champaran, Bettiah, has ordered to send a copy of the
said order to the Superintendent of Police, Bettiah, West
Champaran, for taking necessary action against the Officer-
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In-Charge, Bettiah Mufassil Police Station.
I find nothing wrong in the impugned order dated
14.8.2007 passed by the Additional Sessions Judge, Fast
Track Court No.V, West Champaran, Bettiah, in Criminal
Revision No.240 of 2006/05 of 2007, to interfere with the
same in inherent jurisdiction under Section 482 of the Code
of Criminal Procedure.
Accordingly, this application stands dismissed.
(Rajendra Kumar Mishra, J)
P.S.