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Patna High Court

Md Seraj Ansari @ Seraj Ansari @ Md SerajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court permitted the petitioner to file the Section 84 application and directed the lower court to decide it expeditiously.

Summary

The petitioner, Md Seraj Ansari, sought permission to file an application under Section 84 of the Criminal Procedure Code to contest the attachment of his property. The learned counsel informed the court that the Section 84 application had not yet been filed. The Hon’ble Justice Praveen Kumar granted the petitioner's request to file the application. The present application was disposed of, giving the petitioner liberty to proceed with the Section 84 filing. The court directed the lower court to decide the pending Section 84 application expeditiously.

Issues considered

  • Whether the petitioner should be permitted to file an application under Section 84 Cr.P.C. to raise objections to the attachment of his property

Legislation cited

Subjects

  • attachment of property
  • Section 84
  • Criminal Procedure Code
  • permission to file
  • expeditious disposal

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.33564 of 2024
                        Arising Out of PS. Case No.-40 Year-2015 Thana- MAHILA P.S. District- Nawada
                   ======================================================
                   Md Seraj Ansari @ Seraj Ansari @ Md Seraj Son of Md Khalil Ansari
                   Resident of Village- Chamotha , P.S.- Rajauli, District- Nawada.

                                                                                     ... ... Petitioner/s
                                                          Versus
              1.   The State of Bihar Patna
              2.   Afsana Praveen Daughter of Usman Ansari Resident of Village - Guljar
                   Nagar Bhadauni, P.S. - Nawada, District - Nawada .

                                                          ... ... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :        Mr.Krishna Deo Raj
                   For the Opposite Party/s :        Mr.Anil Kumar
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                         ORAL ORDER

2     18-03-2026                  At the very outset, learned counsel for the petitioner

                     submits that he intends to file an application under Section 84 of

                     the Cr.P.C., which has not yet been filed, to raise objections to

                     the attachment of his property.

                                  3. Permission, as prayed, is granted.

                                  4. Accordingly, the present application is disposed of

                     with the aforesaid liberty to the petitioner.

                                  5. The Court below is directed to decide the

                     application filed by the petitioner under Section 84 of the

                     Cr.P.C., expeditiously.



                                                        (Praveen Kumar, J)
Jyoti/-

U         T


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