Allowed

Nirmala Sinha and Anr. v. The State Of Jharkhand

Jharkhand HC14 Feb 2014Cr.Rev./75/2014

Case brief

AI extract

What is this about?

Revision petitioners approached the High Court for release of their truck rejected by the lower court due to lack of original documents. The High Court set aside the impugned order and directed the lower court to release the truck upon fulfillment of conditions including undertaking bonds.

What did the court decide?

Impugned order dated 4.1.2014 set aside; Court below directed to pass afresh order releasing the truck upon undertakings/bonds.

Nirmala Sinha and Anr. Vs The State Of Jharkhand — Writ and Judicial Review | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Revision No.75 of 2014

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Nirmala Sinha

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Bikash Kumar

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..... Petitioners

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Versus

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The State of Jharkhand

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…. Opposite Party

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CORAM: HON’BLE MR. JUSTICE H.C. MISHRA

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For the Petitioners : Mr. Prabhat Kumar Sinha For the State : A. P.P.

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3/14.02.2014 Heard learned counsel for the petitioners and learned counsel for the State. 2. Petitioners are aggrieved by the order dated 4.1.2014 passed by Smt. Divya Mishra, learned Judicial Magistrate, 1^st Class, Hazaribagh, in Mandu P.S. Case No.83 of 2012, corresponding to G.R. No.894 of 2012, whereby the application filed by the petitioners for release of the truck bearing registration No. BR-21G-8663, has been rejected by the Court below, stating that the petitioners are the accused persons in this case and they have only filed the photostat copies of the documents of the vehicle in question. It however, appears from the impugned order that the report was called for, in which the police has submitted the report in favour of the petitioners and there was a confiscation proceeding with respect to the truck in question, which had also been dropped.

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In the facts of this case, I am of the considered view that if the petitioners are found to be registered owner of the truck in question and they produce the original documents in the Court below, the truck in question should be released in favour of the petitioners upon taking such undertakings / bonds / sureties from the petitioners as the Court below may think it fit and proper in the facts and circumstances of this case, including the undertaking that the release of the truck in question shall not prejudice the prosecution case in any manner whatsoever and the petitioners shall produce the same as and when so directed by the Court below.

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As such, the impugned order dated 4.1.2014 passed by Smt. Divya Mishra, learned Judicial Magistrate, 1^st Class, Hazaribagh, in Mandu P.S. Case No.83 of 2012, corresponding to G.R. No.894 of 2012, is hereby, set aside and the Court below is directed to pass the order afresh in accordance with law and in view of the directions as above.

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This application is accordingly allowed. Let this Order be communicated to the Court concerned through FAX at the cost of the petitioner.

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(H. C. Mishra, J)

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R.Kumar/ Alok

Nirmala Sinha and Anr. v. The State Of Jharkhand

Case brief

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Nirmala Sinha and Anr. v. The State Of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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