The petitioner sought direction to release a vehicle despite a specific order by the Chief Judicial Magistrate. The court held that the High Court is not the executing court and disposed of the petition.
No relief extended. Petition disposed of with direction to pursue the matter before the learned court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) No. 16 of 2023
Nasrul Ansari … Petitioner
-Versus-
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Md. Sajid Yunus, Advocate For the State : Mr. Deepak Kumar Dubey, A.C. to A.A.G.-II -----
02/16.03.2023 This petition has been filed for direction to release the vehicle in question in connection with Khunti P.S. Case No.176/2022, specific order dated 08.12.2022 passed in MCA No.1174/2022 by the learned Chief Judicial Magistrate, Khunti.
Learned counsel for the petitioner submits that the learned Chief Judicial Magistrate, Khunti has already directed to release the vehicle on 08.12.2022. He further submits that till date, the vehicle in question has not been released.
The learned court has already passed the order and he is competent enough to get that order executed. The High Court sitting under Article 226 of the Constitution of India, is not the executing court.
In that view of the matter, no relief can be extended to the petitioner. It is open to the petitioner to pursue the matter before the learned court, who has passed the order.
Accordingly, this petition is disposed of.
(Sanjay Kumar Dwivedi, J.)
Ajay/
1 issue framed by the court
Whether the High Court can be called as an executing court for the direction to release a vehicle passed by the Chief Judicial Magistrate.
Nasrul Ansari
The State of Jharkhand
Superintendent of Police, Khunti
Officer in Charge, Khunti Police Station, Dist. Khunti
Investigating Officer of the Khunti P.S.
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
