Citation : 2023 Latest Caselaw 3529 Jhar
Judgement Date : 15 September, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 625 of 2023
Ritlal Yadav ...... Petitioner
Versus
The State of Jharkhand and Others ...... Respondents
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner : Mr. Lakhan Chandra Roy, Advocate For the State : Mr. Shahabuddin, SC-VII 04/Dated: 15/09/2023 This petition has been filed for quashing the order dated
01.12.2022 passed in Sarwan P.S. Case No. 09 of 2022 whereby prayer for
release of the vehicle bearing Registration No. NL01AA-4121 in Misc. Case No.
13/2022-23, has been rejected.
2. Learned counsel for the petitioner submits that the case of the
petitioner is fully covered in view of the judgment passed by this Court in
W.P.(Cr.) No. 502 of 2023 dated 13.09.2023.
3. Learned counsel for the respondent-State submits that in that
case the confiscation order was already passed however in the present case
petition is still pending before the Confiscating Authority who is Deputy
Commissioner.
4. In that view of the matter the petitioner is required to move
before the Deputy Commissioner by way of filing appropriate petition for
release of vehicle in question.
5. It is open to the petitioner to rely upon the judgment dated
13.09.2023 passed in W.P.(Cr.) No. 502 of 2023 as well as other cases and if
such petition is filed, the Deputy Commissioner shall take into account the said
judgement and pass the appropriate order.
6. This petition is disposed of with liberty to the petitioner to file
petition before the Deputy Commissioner, Deoghar for release of the said
vehicle.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/
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