Citation : 2025 Latest Caselaw 3823 Patna
Judgement Date : 16 September, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1371 of 2024
Arising Out of PS. Case No.- Year-0 Thana- District-
======================================================
1. Anshu Ranjan,Proprietor of Android Store S/O Late Arvind Kumar Resident
of gur ke mandi P.S. alamganj Distt- patna
2. Anita Mehta W/O Late Arvind Kumar R/O Gur ke Mandi, P.S. Alamganj,
District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Addl. Chief Secretary, Home
Dept.P.S.Sachivalaya, District-Patna Bihar
3. Cholamandalam Investment and fInance Comapany Ltd. Registerd office at
Dara House no.2, NSC Bose Road Parrys, Chennai 600001 and local office
situated at 201201, 2nd floor, Grand Yunus Corporate,S.P verma Road,
Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupak Kumar, Advocate
For the Respondent/s : Mr. Ajay Behari Sinha, GA-8
Ms. Seema Ghazala, AC to GA-8
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL JUDGMENT
Date : 16-09-2025
Heard learned counsel for the parties.
2. The instant petition has been filed seeking
following relief(s):-
"1. That this writ application is filed for
issuance of appropriate writ/direction for
setting aside/quashing the Complaint Case
No. 3381 of 2022 and summons dated
14.03.2024
issued to the petitioners in Complaint Case No. 3381 of 2022 by the learned Judicial Magistrate, Ist Class, Patna High Court CR. WJC No.1371 of 2024 dt.16-09-2025
Kamrup Metro, District - Guwahati in complete breach of Section 177 of the Code of Criminal Procedure whereby the petitioners have been directed to appear on 15.07.2024 before the learned Magistrate.
2. That the writ is further filed for issuance of appropriate writ/direction restraining the respondent no. 2 to institute any case against the petitioners and family members along with their Android store in relation to the loan taken by Late Arvind Kumar and petitioner no. 1 outside Patna as Patna has only jurisdiction."
3. Bare perusal of the reliefs sought shows it is a
completely misconceived petition filed by the petitioners
without consideration of any statutory provisions and even the
territorial jurisdiction of this Court. The facts of the case before
this Court show the present petition has been filed only to buy
time by the petitioners. Seeking relief against a complaint
proceeding going on before learned Judicial Magistrate, Ist
Class, Kamrup Metro, District - Guwahati or debaring opposite
party no. 2 from instituting any case against the petitioners or
challenging notice issued under Section 13(2) of the
Secularization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act show complete misuse and Patna High Court CR. WJC No.1371 of 2024 dt.16-09-2025
abuse of the process of law. None of the reliefs could be granted
by this Court under its extraordinary jurisdiction.
4. At this stage, learned counsel for the petitioners
submits that the petitioners have filed an interlocutory
application for addition of another relief but the same is not on
the record.
5. Be that as it may, I find the present petition is
not entertainable by this Court and it has been filed under some
misconception and is misuse of process of law and hence, the
same is dismissed.
(Arun Kumar Jha, J)
DKS/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 16.09.2025 Transmission Date NA
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