Dismissed¶22

Pappu Sah v. The State of Bihar

Patna HC6 Feb 2025CR. WJC/330/2024

Case brief

AI extract

What is this about?

Article 226 writ dismissed for availability of efficacious statutory remedy; release of seized property; Sections 451 and 457 Code of Criminal Procedure; learned Magistrate statutory power; police seizure of building portion; illegal fertiliser business by tenant; Khagaria (Mufassil) P.S. Case No. 893 of 2021; case at investigation stage; alternative/remedy before Magistrate; liberty to approach Magistrate; Patna High Court; Bibek Chaudhuri; Criminal Writ Jurisdiction Case; writ petition does not lie.

What did the court decide?

Liberty granted to the petitioner to move before the learned Magistrate for appropriate remedy under Sections 451 and 457 CrPC. ¶22

Pappu Sah Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.330 of 2024

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Arising Out of PS. Case No.-893 Year-2021 Thana- KHAGARIA District- Khagaria

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Pappu Sah S/o- Narayan Sah Village- Sansarpur, P.S.- Muffasil, DistrictKhagaria

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... ... Petitioner/s

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Versus

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The State of Bihar

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The District Collector Cum District Magistrate Khagaria Bihar

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The District Agriculture Officer Khagaria Bihar

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The Superintendent of Police, Khagaria Bihar

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The Officer Incharge, Muffasil Khagaria Bihar

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the State : Mr. Md. Raisul Haque, SC 10 ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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2 06-02-2025

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By invoking constitutional writ jurisdiction under Article 226 of the Constitution of India the petitioner has prayed for an order directing the police authority to open a part of the ground floor of the building which was allegedly seized for running illegal business of fertilizers by the tenant of the petitioner. The portion of the building was seized by the police in connection Khagaria (Mufassil) P.S. Case No. 893 of 2021 which is at the stage of investigation.

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It is needless to say that the learned Magistrate has statutory power for releasing of seized article under Sections 451 and 457 of the Code of Criminal Procedure. The petitioner

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Patna High Court CR. WJC No.330 of 2024(2) dt.06-02-2025 2/2

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has the remedy to approach the learned Magistrate for the appropriate relief.

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3 When there is efficacious relief available in the Code of Criminal Procedure, writ petition does not lie. Accordingly, the instant writ petition is dismissed. However, liberty is granted to the petitioner to move before the learned Magistrate for appropriate remedy.

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(Bibek Chaudhuri, J)

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Prakash/-

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Pappu Sah v. The State of Bihar

Case brief

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Pappu Sah v. The State of Bihar

Case brief

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