JITENDRA KUMAR SINGH @ DADU SINGH SON OF YASHWANT SINGH RESIDENT OF VILLAGE MARWANILLA, PO AND PS RAMNA, DISTRICT GARHWA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sabyasanchi, learned counsel for the petitioner and Mr. Rakesh Kumar, learned A.P.P. for the State.

(2.) This application has been directed against the order 23.09.2016 passed by the Judicial Magistrate 1st class, Garhwa in connection with Bishunpura P.S. Case No. 30 of 2016 corresponding to G.R. No. 1193 of 2016 by which the Officer In-charge of the police station has been directed to seize the vehicle bearing registration No. JH01BM/8515 belonging to the petitioner.

(3.) It has been submitted by the learned counsel for the petitioner that the petitioner was the surety at the time of the release of the vehicle bearing registration no. JH14D/7000 belonging to one Deepak Pratap Deo. He further submitted that since the vehicle was purchased by one Munna Ansari much prior to the incident, the petitioner has filed an application for discharging him from his liability of surety in release of the vehicle, but vide order dated 23.09.2016, the Scorpio vehicle belonging to Deepak Pratap Deo as well as Tata Safari bearing registration no. JH01BM/8515 belonging to the petitioner has been ordered to be seized. He further submits that the vehicle bearing registration no. JH14D/7000 has already been seized by the police, the question of further seizure of the vehicle belonging to the petitioner does not arise. It has been submitted that the learned court below should confine itself only with respect to the seizure of the vehicle and not with respect to the vehicle to which the petitioner is the owner.