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Jitendra Singh vs State Of Bihar Through And Ors

Patna High Court · Decided on 3 September 2019 · Citation: (2019) 09 PAT CK 0017

HON’BLE JUDGES
Ashwani Kumar Singh, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 379 · Code Of Criminal Procedure, 1973 — Section 451 · Constitution Of India, — Article 226, 227
RESULT
Dismissed
CASE NUMBER
Criminal Writ Jurisdiction Case No. 1259 Of 2019
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Judgment

6 paragraphs · 264 words
1.

This application has been filed by the petitioner under Articles 226 and 227 of the Constitution of India for directing and commanding the respondents to release JCB bearing Registration No.BRO1GC-9184, Chassis No.0315E2743, Engine No.FXY835457 seized by SHO, Harnaut in connection with Harnaut P. S. Case No. 61 of 2019 dated 17.02.2019 registered inter alia under Section 379 of the Indian Penal Code and other provisions of the Mines and Minerals (Development and Regulation) Act, 1957, Bihar Minor Mineral Concession Rules, 1972 and Bihar Minerals (Prevention of Illegal Mining Transportation & Storage) Rules, 2003.

2.

On query, learned counsel for the petitioner submitted that neither any confiscation proceeding has been initiated nor any application under Section 451 of the Code of Criminal Procedure (for short 'CrPC') has been filed by the petitioner before the court of Magistrate where the matter is pending.

3.

In view of an equally efficacious statutory remedy being available to the petitioner under Section 451 of the CrPC for redressal of his grievance, I am not inclined to entertain this application under Articles 226 and 227 of the Constitution of India.

4.

The application is dismissed.

5.

However, the petitioner would be at liberty to file an application under Section 451 of the CrPC before the court of Jurisdictional Magistrate for release of the vehicle in question.

6.

In case, such an application is filed, the learned Magistrate shall be required to look into the merits of the case and pass orders in accordance with law without being prejudiced in any manner by the order being passed by this Court.