IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.250 of 2009 SUMITRA KUMARI Versus STATE OF BIHAR & ORS ----------- 2. 12.08.2009 The petitioner has prayed for a direction not to attach the property of the petitioner in execution of processes issued under Section 82 and 83 of the Cr.P.C. against accused Raja Singh who happens to be the son of the petitioner and whose complicity has been found by the police in connection with the offence under Section 394, 302/34 of the Indian Penal Code and 27 of the Arms Act under Bhagwan Bazar P.S. Case No. 117 of 2008. The petitioner’s case is that that Raja Singh is the son of petitioner who is an accused in the case relating to the said F.I.R. and that he is also accused in several other cases. Petitioner’s further case is that the police has obtained processes under Section 82 and 83 of the Cr. P.C. against the said accused Raja Singh for his arrest and apprehension in that case. It is also the case of the petitioner that he has got some agricultural land and house which are ancestral property of the petitioner but a partition between her and her son, namely, Raja Singh has taken place, and therefore, it is stated that the police cannot execute the processes under Section 82 and 83 of the Cr.P.C. with regard to the properties which are exclusively the properties obtained on partition with her son i.e. Raja Singh. The learned counsel for the respondents - 2 - submitted that a plea on partition has been taken but any evidence is not produced in that regard. Under Section 84 of the Cr.P.C. there is a categorical provision that, if any, claim is preferred to or objection is made to the attachment of any property attached under Section 83 of the Cr.P.C. within six months from the date of such attachment by any person other than the proclaimed person on the ground that the claimant or the objector has an interest in such property and such interest is not liable to attachment under Section 83 of the Cr.P.C., the claim or objection shall be enquired into and may be allowed or disallowed in whole or in part. Thus, the petitioner can have his grievance redressed by filing a petition under Section 84 of the Cr.P.C. before the learned Chief Judicial Magistrate in this regard. Presently, no order for quashing the processes under Section 82 and 834 of the Cr.P.C. can be made by this Court in this regard as prayed for. In the facts and circumstances of the case, the application is dismissed with the above observation. (C.M. Prasad, J.) Ravi/-