The High Court dismissed the petitioner's application seeking quashing of an order issuing a process of attachment under Section 83 Cr.P.C. against the accused's property, noting the petitioner lacked standing. The attachment followed a proclamation under Section 82 Cr.P.C. for Chandan Sah's appearance.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.6400 of 2015
Arising Out of PS.Case No. -1677 Year- 2011 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI
======================================================
Chano Devi, wife of late Prakash Sah, Gram Parra, P.S.- Birpur, DistrictBegusarai.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyameshwar Dayal, Advocate. For the Opposite Party/s : Mr. Ajay Kumar No. 1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 06-12-2017 Heard learned counsel for the petitioner as well as learned counsel for the State.
Petitioner seeks quashing of order dated 20.04.2013
passed by the Sub Divisional Judicial Magistrate, Begusarai in Complaint Case No. 1677C of 2011 thereby issuing process of attachment under Section 83 of the Code of Criminal Procedure against Chandan Sah, son of the petitioner, who is also one of the accused.
Learned counsel for the petitioner submits that without execution of the warrant, the process of attachment under Section 83 of Cr.P.C. has been issued.
It appears that process of attachment has been issued
Patna High Court Cr.Misc. No.6400 of 2015 (3) dt.06-12-2017
2/2
against Chandan Sah and not against the petitioner. Proclamation for appearance of Chandan Sah was issued by the court under Section 82 of Cr.P.C. as it appeared from order dated 04.03.2012 of the court below, only thereafter process of attachment of property of Chandan Sah has been issued by the court. All these processes are to compel the accused for appearance; moreover the petitioner has no locus standi for filing the present application.
This application stands dismissed.
(Arun Kumar, J)
Sujit/-
U T
1 issue framed by the court
Whether the petitioner has locus standi to challenge the issuance of process of attachment against a third party accused.
2 provisions across 1 enactments
Chano Devi
The State of Bihar
Kalpana Bharti
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
