LAWS(PAT)-2008-11-224

SANJEEV KUMAR Vs. STATE OF BIHAR

Decided On November 10, 2008
SANJEEV KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) In the instant writ application the petitioner has prayed for direction to the respondent authorities for making an enquiry as to how without following the procedure as envisaged under Ss. 82 and 83 of Cr.P.C., the police officials attached his property. The learned Counsel for the petitioner submits that after recording the statements of some witnesses cognizance of offence was taken on 15.12.2006 and warrant of arrest was issued on the same day. Thereafter vide order dated 26.6.2007 the process of attachment of property of the petitioner u/s. 82 of Cr.P.C. was issued also. Pursuant to the order property of the petitioner was attached. He submits that the petitioner suffered both mental agony and financial loss as well as loss of prestige in society by aforesaid action of police without due authorization of law.

(3.) THE learned Counsel for the petitioner submits that a Bench of this Court in a case of Usha Mishra V/s. The State of Bihar and Ors., 2007 3 PLJR 748 made an order for payment of compensation.