Application under Section 482 CrPC seeking release of seized property after 21 years was dismissed. The court found no illegality or abuse of process in the earlier order refusing disposal.
Application under Section 482 CrPC dismissed finding no abuse of process.
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Patna High Court Cr.Misc. No.54355 of 2013 dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54355 of 2013
Arising Out of PS.Case No. -72 Year- 1981 Thana -KUCHAIKOTE District- GOPALGANJ
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Parash Singh @ Parash Awadhiya, S/O Late Shankar Singh, Resident of Village Salehpur, P.S. Bishwambharpur, District Gopalganj.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT
Date: 07-07-2017
Heard learned counsel for the petitioner and the learned counsel for the State.
2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 18.01.2013 passed in Sessions Trial No. 576 of 1984, whereby the In-charge court of learned Additional Sessions Judge-I, Gopalganj, has not passed the order on the petition of the petitioner to release the seized property in the said case with direction to put up the petition of the petitioner in regular court for consideration as there is no urgency after 21 years of the disposal of the aforesaid case.
3. On going through the impugned order, I find no
Patna High Court Cr.Misc. No.54355 of 2013 dt.07-07-2017
illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure. Accordingly, this application is dismissed .
(Rajendra Kumar Mishra, J)
Bhardwaj/-
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10.07.2017 |
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10.07.2017 |
1 issue framed by the court
Whether there is any abuse of the process of the court in the impugned order to warrant interference under Section 482 CrPC.
1 provisions across 1 enactments
Parash Singh @ Parash Awadhiya
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
