IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1172 of 2008 MD. TAHIR HUSSAIN @ MD. TAHIR Versus STATE OF BIHAR & ORS ----------- For the petitioner: Mr. R.K. Singh, Advocate For the State: Mr. Remchandra Pd. Singh,SC-14 Mr. Santosh Kumar Singh, A.C.to S.C.-14. --------- 2. 24.03.2009 This application has been filed for action against police officials particularly respondent nos. 2 and 3 i.e. S.P., Kishanganj and officer-in-charge Bahadurganj P.S. for the illegality committed in execution of process under Section 82 of the Cr.P.C. against petitioner’s son Md. Rahil. It is submitted on behalf of the petitioner that Md. Rahil was accused in complaint case no.616(C)/06 and for his apprehension and arrest in the case warrant of arrest and process under Section 82 Cr. P.C. only were issued by the court below but the respondent nos. 2 and 3 executed the process by way of attaching the properties of petitioner Md. Tahir Hussain @ Md. Tahir which could have been done only in execution of process under Section 83 of the Cr.P.C. which in fact was not issued by the court below. The learned counsel for the petitioner submits that that the matter was brought to the knowledge to the court below by filing a petition before the court below and vide order dated 10.9.2008 the court below had called for an explanation from the concerned officer- in-charge but the show cause has not been submitted till date. A counter affidavit has been filed by respondents wherein it is stated that the process under Section 83 was also issued vide Annexure-A which - 2 - is a photocopy of the warrant of arrest issued against the petitioner’s son Md. Rahil. It is pointed out that there is endorsement of office of the concerned lower Court to the effect that process under Section 82 and 83 of the Cr.P.C. was also being issued simultaneously. On the basis of endorsement it was argued by respondents’ counsel that the police officials, namely, respondent nos.2 and 3 have not committed any wrong. It appears that the matter is already under consideration by concerned court below and the court below could decide the matter. The parties have come before this Court raising the same question. In the facts and circumstances, it is not proper to enter into any scrutiny over the matter at this stage. The parties are directed to approach before the court below where matter is under consideration. The petition is accordingly disposed of with a direction to the court below to decide the matter as soon as possible preferably within two months. The parties are directed to appear before the court below and render all assistance in the disposal of the matter. (C.M. Prasad, J.) Ravi/-