Dismissed

Sita Ram Sah v. The State Of Bihar

Patna HC26 Nov 2018CR. MISC./36016/2012

Case brief

AI extract

What is this about?

The single judge dismissed the criminal miscellaneous application seeking quashing of an administrative confiscation order. The court held that filing a criminal petition for quashing such a statutory administrative order was not permissible and disposed of the matter.

What did the court decide?

The criminal miscellaneous application for quashing the administrative order was dismissed in the interest of justice with liberty to approach the appropriate forum.

Sita Ram Sah Vs The State Of Bihar — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36016 of 2012

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Arising Out of PS. Case No.-1 Year-2012 Thana- KAARAMCHAT SAHAYAK DistrictBhabhua (Kaimur)

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======================================================

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Sita Ram Sah, Son of Late Shee Janam Sah, resident of village- Jajalpur, Police Station, Karamchat, District- Kaimur.

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... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate For the State : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date : 26-11-2018

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner has moved the Court for the following reliefs:

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“That this is an application for quashing the order dated 18.5.2012 passed in Supply confiscation case no. 6/2011-12 arising out of Karamchat P.S. Case no. 7/2012-13 1/12/Collector – cum - District Magistrate Kaimur (Bhabhua) whereby the learned authority has seized the tractor of petitioner bearing tractor no. BR-45-0476 Under

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Patna High Court Cr.Misc. No.36016 of 2012 dt.26-11-2018 2/3

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Section 6(A) of the Essential Commodities

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Act.”

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At the very outset, learned A.P.P. raised a preliminary objection with regard to maintainability of the application. He submitted that the order passed is a statutory order by an officer of the State and the same has visited the petitioner with civil consequences and, thus, filing of a criminal miscellaneous case for quashing is not permissible.

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The Court finds substance in the objection of learned A.P.P.

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In the considered opinion of the Court, the present application, as criminal miscellaneous case under Section 482 of the Code of Criminal Procedure, 1973, is misconceived. Accordingly, the application stands disposed off with liberty to the petitioner to move before the appropriate forum, in accordance with law, for the reliefs sought for in the present application.

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Learned counsel for the petitioner submitted that the time spent before this Court was under misconception and, thus, it may not go against him when he approaches the appropriate forum.

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Patna High Court Cr.Misc. No.36016 of 2012 dt.26-11-2018 3/3

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In view of the apprehension expressed by learned counsel for the petitioner, the Court would only observe that the authority concerned shall take into consideration the fact that the petitioner had moved this Court and the matter was pending here for quite some time.

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(Ahsanuddin Amanullah, J)

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Anjani/-

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AFR/NAFR
U
T

Sita Ram Sah v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sita Ram Sah v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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