IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1046 of 2009 RAJESH KUMAR, S/O LATE ASHOK KUMAR, R/O NAVRASHTRA LANE, RAJENDRA PATH, PATNA-800001, P.S. GANDHI MAIDAN, DISTRICT- PATNA, P.O.-G.P.O. . . . . PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. SENIOR SUPERINTENDENT OF POLICE, PATNA, BIHAR 3. SUPERINTENDENT OF POLICE, PATNA SADAR, PATNA, BIHAR 4. OFFICER-IN-CHARGE, PIBAHORE POLICE STATION, PIRBAHORE. . . . . RESPONDENTS. ----------- 2/ 01.09.2010 In the instant writ application, the petitioner prays for release of original deed no. 8903 related to ancestral property of the petitioner, which was sized by the investigating office,r namely Mr. P.K. Srivastava, officer-in-charge, Pirbahore Police station vide Pirbahore P.S. case no. 78 of 2000 dated 25.03.2000. The seizure list of the sale deed would be evident from the Xerox copy of the seizure list dated 20.06.2000, which is annexed as Annexure-1 to this application. The accused late Ashok Kumar, father of the petitioner, was released on bail on 07.06.2000 on depositing of a sum of Rs. 50,000/- vide receipt no. 335 dated 05.06.2000. An application for release of original deed was filed on 28.02.2007 relating to partition of the property before the Judicial Magistrate, 1st Class, Patna for direction to the concerned investigating officer to submit the original sale deed, a copy of the application has been annexed as Annexure-3 to this application. The petitioner’s father died on 13.04.2007 and information to this effect was given to Judicial Magistrate, 1st Class, Patna also. The office of the Civil court issued letter no. 03 2 dated 09.01.2008 to officer-in-charge, Pirbahore police station to inform about the whereabout of the seized original deed no. 8903 and cheque no. 565239 mentioned in the case diary. In reply, the officer-in-charge, Pirbahore police station filed information vide letter dated 09.01.2008 that in the case diary there is no information regarding whereabout of the aforesaid documents, which fact has been recorded in order dated 11.03.2008. Learned counsel submits that despite order of the court, the officer-in- charge, Pirbahore police station, have not released the documents till date. It has further been submitted that the petitioner even filed a petition under Right to Information Act relating to original deed dated 31.10.1985 before the Information Officer, Pirbahore police station, who was informed vide D.R. no. 2062/09, dated 09.04.2009 that the investigating officer of the case Sri P.K. Srivastava, who has seized the documents can only give the information regarding the same. Learned counsel submits that the aforesaid partition deed no. 8903 is a very valuable document. The petitioner submits that he has filed a detailed representation, as contained in Annexure-7. Having heard the counsel for the parties, this Court observes that if petitioner files a fresh representation before the Senior Superintendent of Police, Patna, who will dispose of the representation of the petitioner preferably within a period of four months. The Senior Superintendent of Police, Patna will enquire from the then officer-in-charge, Sri P.K. Srivastava, as to why the 3 seized documents were not submitted before the court concerned. Furthermore, the Senior Superintendent of Police, Patna will submits his report to Registrar, Civil Court, Patna in seisin of the Pirbahore P.S. case no. 78 of 2000 dated 25.03.2000 within a period of four months. With the aforesaid observation, this application is disposed of, Uday/ (Samarendra Pratap Singh, J.)