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Jharkhand High Court
Manoj Tandon vs The State Of Jharkhand Through The ... on 26 February, 2026
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (Cr) (Filing) No. 4238 of 2026
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Manoj Tandon ... .... Petitioner
Versus
The State of Jharkhand through the Director General of Police,
Jharkhand, Ranchi & Ors. ... .... Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Petitioner : M/s Ritu Kumar, Rajendra Krishna,
Abhay Kr. Mishra, Siddharth Ranjan,
Karamjit Singh Chhabra, Akansha Priya,
Piyush Kr. Roy, Amrendra Das,
S.G. Raman, Punam Shrivastava,
& Ajay Kr. Singh, Advocates
For the Respondent-State : Mr. Sachin Kumar, AAG-II
Mr. Achyut Keshav, AAG-V
Mr. Achyut Keshav, AAG-V
Mr. Deepankar, AC to GA-III
For the UOI : Mr. Kumar Vaibhav, CGC
For the CBI Mr. Prashant Pallav, ASGI
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Oral Order
02 / Dated : 26.02.2026
1. The instant writ petition has been filed for quashing the FIR being
Doranda P.S. Case No. 51 of 2026 registered under Sections 281,
324(2), 125(b), 115(2), 117(2), 126(2), 351(2), 302, 351(3) and 3(5)
of BNS, 2023, pending in the court of J.M.F.C.-XIII, Ranchi.
2. This case has been listed today on mentioning for urgent hearing of
I.A. No. 3028 of 2026 for release of the vehicle bearing Registration
No. JH01FW 0020 of the Petitioner which was seized by the police
following a minor road accident.
3. It is submitted by learned counsel for the petitioner that the law is
settled by a catena of judgments of the Hon'ble Apex Court wherein it
has been held that the vehicles cannot be permitted to rot in police
station, as it is not the vehicle which commits, rather individual who
commits offence.
4. It is further submitted that this is a case where no one was injured in
the accident and while the petitioner, who happens to be a practicing
advocate in this High Court, was coming to the Court, his car was
dashed by the motorcycle of the informant of the case regarding
which Doranda P.S Case No. 52/2026 has been registered against two
named and one unnamed accused including the informant of Doranda
P.S. Case No.51/2026 under Sections 281, 324(2), 115(2), 126(2), 192
and 3(5) of BNS, 2023.
5. It is argued by the learned counsel on behalf of the Petitioner, that
although the car of the Petitioner has been seized, but no action has
been taken against the informant of Doranda P.S Case No.51/2026.
The motorcycle involved in the accident has not been seized and the
car of the Petitioner has been needlessly seized. Reliance in this
regard is placed on (2002) 10 SCC 283 (Surendrabhai Ambalal
Desai Versus State of Gujarat) wherein it has been held that in the
matter of release of vehicle, there was a requirement of expeditious
and judicial exercise of power. The vehicle/car has been seized by the
police on 17.02.2026 and more than nine days have elapsed and
without any rhyme and reason, it is lying in open place at Doranda
Police Station and the petitioner has to come to Court by taking lift
from others. It is also submitted that under proviso to Section 136 of
Motor Vehicle Act, there is a mandate of law to release the vehicle
within 24 hours to the owner of the concerned vehicle after
completion of formalities.
6. It is also informed that there is an order for release of the vehicle/car
passed by the concerned Magistrate on 21.02.2026 and neither the
said order has been set aside by any competent court, nor any stay
order has been passed on the release order, despite this, the vehicle/car
has not been released. It is also contended that the said order was
produced to the concerned Police Station, but the Officer In-charge
concerned refused to receive the same.
7. Mr. Sachin Kumar, learned AAG-II, appearing for the State, seeks an
adjournment to file counter affidavit to the interlocutory application.
8. Considering the matter in hand, no adjournment is allowed for filing
the reply to the interlocutory application for release of the vehicle.
There are no contested questions of fact which need to be pleaded and
proved by filing of counter affidavit and will needlessly delay the
matter.
9. It is now submitted by learned counsel for the State that the vehicle,
which is involved in an accident, has to be released as per the
procedure laid down by the Hon'ble Apex Court in Surendrabhai
Ambalal Desai (supra) which includes preparation of Panchnama and
taking of undertaking from the owner of the vehicle. Further, the
investigation was stayed by the Co-ordinate Bench of this Court vide
order dated 19.02.2026 and, therefore, the evidence pertaining to
accident could not be collected. However, it is informed that the
Hon'ble Apex Court in S.L.P. (Cr) No. 3684 of 2026 has stayed the
order of stay passed by the Co-ordinate Bench of this Court, whereby
all proceedings including the investigation were stayed.
10. Having considered the submissions advanced on behalf of both sides,
the issue at hand, raised in the interlocutory application, is with regard
to release of the vehicle/car regarding which the aforesaid case was
registered.
11. The short question, that is being raised at Bar in the present, is "can
release of vehicle/car be denied in a minor road accident case only
because the petitioner is a practicing advocate of this High Court"?
12. It is apparent that there is case and counter case regarding the accident
in which no allegation of any injury being caused by the petitioner has
been made. The stay in the investigation, which was ordered, has
already been vacated by the Hon'ble Supreme Court and there cannot
be any rational justification for keeping the vehicle under seizure. The
order of release of the vehicle/car bearing Registration No. JH01FW
0020, which has already been passed by the Trial Court, has not been
stayed or set aside by any court of competent jurisdiction.
13. In this view of the matter, this interlocutory application for release of
vehicle is allowed.
14. Under the circumstance, Officer In-charge of Doranda Police Station
is directed to immediately comply with the order by today itself by
4:30 pm after completing all procedures and formalities for release of
vehicle bearing Registration No. JH01FW 0020 in view of the earlier
order passed by the court of J.M.F.C.-XIII, Ranchi.
15. The petitioner is directed to appear personally before the Officer In-
charge, Doranda Police Station along with the owner book, insurance
paper and driving license for completing all formalities with regard to
release of the vehicle/car bearing Registration No. JH01FW 0020.
16. The Superintendent of Police, Ranchi, who is present before this
Court today, shall inform the Officer In-charge, Doranda Police
Station to comply this order forthwith. The appearance of
Superintendent of Police, Ranchi is dispensed with.
17. Officer-in-charge of the Doranda Police Station to submit a show
cause within two weeks as to why the order dated 21.02.2026, passed
by the learned trial court for release of the vehicle, has not been
complied with till date.
Let a copy of this order be communicated to the Superintendent of
Police, Ranchi and the Officer In-charge of Doranda Police Station,
Ranchi forthwith.
I.A. No. 3028 of 2026 stands disposed of.
W. P. (Cr) (Filing) No. 4238 of 2026
Let this case be listed before the Regular Bench.
(Gautam Kumar Choudhary, J.)
AKT/Pawan
