PRAVIN KUMAR UPADHYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two petitions were directed to be heard together on account of the cases being concerned with the orders of release passed either by the Chief Judicial Magistrate, Vaishali at Hajipur or by this Court and which orders were confirmed by the Supreme Court in S.L.P.(Cri.) No.3281-3282 of 1996 by orders passed on 27.1.1997.

(2.) BRIEF facts of the case are that two loaded trucks, with oxen, were intercepted by one Upendra Kumar Singh and he handed over the trucks-load of cattle with a report to the Officer-in-charge of Ganga Bridge Police Station, Hajipur, namely, S.I. Umesh Prasad Singh who has been impleaded by his official designation as respondent no. 3 in the original writ petition. On that basis Hajipur Sadar P.S.Case No. 80 of 1996 was registered. There is no dispute in the fact that the claim in respect of the cattles was made by respondent no.4 Fakhruddin by filing a petition before the Chief Judicial Magistrate, Vaishali at Hajipur for releasing the seized cattles in his favour. The Chief Judicial Magistrate, Vaaishali at Hajipur initially rejected the prayer by order dated 15.4.1996 but, ultimately, the order directing release of the same to the petitioner by making payment of Rs. 10/- as cost of maintenance per cattle was passed on 31.5.1996. But, on account of a criminal revision petition being filed by said Upendra Kumar Singh, an order of stay was passed which, ultimately, caused filing of Cr. Misc. No. 8581 of 1996 by respondent Fakhruddin before this Court and this Court by order dated 4.6.1996 directed the cattles to be released on term as was directed by the Chief Judicial Magistrate, Vaishali at Hajipur by vacating the order of stay passed in Cr. revision petition.

(3.) IN that view of the matter, there could not be any scope for interference with any orders because those orders have attained finality on account of having been confirmed in S.L.A(Crl.) 3229-3230 of 1996 by the Apex Court by order dated 27.1.1997.