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Mantu Chauhan vs State Of Bihar And Ors

Patna High Court · Decided on 9 July 2020 · Citation: (2020) 07 PAT CK 0201

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 2343 Of 2020
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Judgment

7 paragraphs · 266 words

The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.

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

Petitioner has prayed for the following reliefs: -

I."To quash the order dated 28.11.2016 passed by the District Magistrate, Kishanganj in Confiscation Case No. 19 of 2016-17 by which Hero Glamour Motorcycle of the petitioner bearing Engine No. JA06EJG9B09327, Chassis No. MBLJA06AMG9B09461 has been ordered to be confiscated which has been seized in C.C. Case No. 534 of 2016."

II. Also to direct the respondent authorities especially respondent No. 3 to release the Hero Glamour Motorcycle of the petitioner bearing Engine No. JA06EJG9B09327, Chassis No. MBLJA06AMG9B09461 which has been seized in C.C. Case No. 534 of 2016 registered on the basis of Prosecution Report submitted by Excise Sub-Inspector dated 21.10.2016 before the court of learned Chief Judicial Magistrate, Kishanganj."

Petitioner has filed this writ petition against the order dated 28.11.2016 passed by District Magistrate, Kishanganj in confiscation case No. 19 of 2016-17 by which the vehicle of petitioner has been ordered to be confiscated.

Petitioner has approached this Court without exhausting the statutory remedy of appeal and revision against the impugned order, as such, writ petition is disposed of with liberty to petitioner to avail the statutory remedy of appeal revision before approaching this Court, if any, appeal is filed by petitioner the appellate authority shall condone the delay in filing the appeal as matter remain pending before this Court and shall decide the appeal on merit preferably within 30 days.