MANOJ KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order dtd. 6/4/2022 passed by the learned Additional Sessions Judge-II, Deoghar in Misc. Criminal Application No.37 of 2022 arising out of Deoghar Cyber P.S. Case No.114 of 2021, whereby the application filed by the petitioner for release of his vehicle bearing registration no. JH-15B-3791 (Polar White Next Gen Verna Hyundai, Engine No.G4FLMV249147, Chassis No. MALC841GLMM308646), which was seized from the house of the petitioner on 19/12/2021, has been rejected and the matter is pending before the learned Additional Sessions Judge-II-cum-Special Judge (Cyber Crime), Deoghar.

(2.) Learned counsel for the petitioner submits that on the basis of confidential information received on 18/12/2021 with regard to cyber crime by Sanjay Lal, Dinanath Mandal, Jitendra Mirdha and Shailesh Das, the policed raided several places and son of the petitioner (owner of vehicle) was also arrested. He further submits that there is no role of the seized car in the alleged crime. He also submits that the car in question was purchased after taking loan of Rs.6.00 Lakhs from Axis Bank, Deoghar. He further submits that the learned court has rejected the prayer for release of the said vehicle on the ground that in case any of the victims want to seek civil remedy against the petitioner for claiming the stolen money then this car can be attached by the competent court.

(3.) On the other hand, Mr. Shalendra Kumar Tiwari, learned counsel for the State submits that the son of this petitioner was accused in several cyber crime cases. The dispute is with regard to the amount in question, which has been cheated from the innocent person. He also submits that the car in question has been purchased from the cheated amount and cyber crime. He further submits that there is no illegality in the impugned order. The vehicle in question cannot be directed to be released.