High Court Patna High Court - Orders

Nripendra Singh vs State Of Bihar &Amp; Ors on 1 September, 2010

Patna High Court – Orders
Nripendra Singh vs State Of Bihar &Amp; Ors on 1 September, 2010
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          CR. WJC No.786 of 2010
                   NRIPENDRA SINGH S/o Baidyanath Singh, resident of village-
                   Bariyarpur, P.S. Baliya, District- Begusarai.        . . . . . . Petitioner.
                                                       Versus
              1.   THE STATE OF BIHAR
              2.   The District Magistrate, Begusarai.
              3.   The Superintendent of Police, Begusarai.
              4.   The Officer-in-charge, Baliya police station, Begusarai. . . . . Respondents.
                                                     -----------

2/ 01.09.2010 Heard learned counsel for the parties.

The instant writ application has been filed by the

petitioner for disposal of the petition for release of the seized

articles in connection with Balia P.S. case no. 05 of 1983 (S.T. No.

46 of 1984), which was disposed of on 31.05.1989.

Against the aforesaid judgment of conviction, the

accused filed Cr. Appeal bearing Cr. Appeal No. 210 of 1989,

which too was dismissed on 12.01.2000.

The petitioner, who is informant of this case, filed a

petition for release of the seized articles. Copy of the release

petition is annexed as Annexure-1 to this petition.

Learned counsel for the petitioner submits that the

court thereafter sought a report from the local police, which

expressed its no objection, if the seized materials/articles are

released in favour of the petitioner. Copy of letter dated

01.10.2001 and 17.06.2002 of Balia Police station have been

annexed as Annexures-2 and 3 to this petition.

The grievance of the petitioner is that his application is

still pending and has not been disposed of by the trial court.

Having heard the counsel for the petitioner and the
2

state, this Court observes that the trial court should dispose of the

petition filed by the petitioner within two months from the date of

receipt of a copy of this order. However, this Court has not

expressed any opinion on the merit of the case of the petitioner.

With the aforesaid observation, this application is

disposed of.

(Samarendra Pratap Singh, J.)
Uday/