High CourtsSingle Bench(2018) 07 PAT CK 0028

Manish Kumar Sinha vs State of Bihar Through Principal Secretary Department of Home Affairs, Govt. of Bihar, Patna & Ors

Patna High Court · Decided on 25 July 2018

HON’BLE JUDGES
RAJEEV RANJAN PRASAD, J
RESULT
Disposed off
CASE NUMBER
Criminal Writ Jurisdiction Case No.1652 of 2018

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Judgment

17 paragraphs · 392 words

This is yet another case in which the grievance of the petitioner is that his applications seeking release of the vehicle filed in the year 2013 by the

driver of the vehicle and then in the year 2014 by the owner of the vehicle have remained pending in the court below and no order has been passed

thereon.

The statements made in the writ application, if believed, it is a totally unfortunate situation in which the proceedings of the court below seems to be

depending upon the mercy of a police officer who even though called upon to submit a report has failed to submit such report in the court below. The

petitioner has given specific dates in paragraph-11 of the writ application on which date the case was fixed after filing of the release but thereafter no

date has been fixed for hearing since long.

Let this matter be brought to the notice of the learned District and Sessions Judge, Patna who will look into the grievance of the petitioner as regards

pendency of his application seeking release. If the statements made in the writ application are found to be correct, the learned District and Sessions

Judge being the head of the institution of the civil court at Patna and its subordinate courts would constitute an enquiry into the delay in disposal of the

application and shall take remedial action in the matter. If, it is found that despite order passed by the court below the police authorities had not

submitted the required report then the matter will also be brought to the notice of the Senior Superintendent of Police, Patna who will take stern action

against those erring officials in accordance with law. This court is being burdened with this kind of applications where the grievance is that the police

reports are not being submitted in time, therefore application seeking release of the vehicles filed in the court below are not getting disposed off despite

lapse of a considerable period. This is not at all a happy situation both for the courts as well as the police authorities.

This application is thus disposed off with the aforesaid directions and observations. It is expected that the application of the petitioner shall be disposed

off within a period of one month from the date of receipt/production of a copy of this order.