PHILMON TOPPNO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mohit Prakash, learned counsel appearing for the petitioner and Mr. Kaushal Kishor Mishra, learned A.P.P. for the State.

(2.) In this application, petitioner has prayed for quashing the order dated 23.12.2015, passed by the learned Additional Sessions Judge, I, Gumla in Kamdara P.S. Case No. 32/2014, G.R. No. 1038/14 by which application filed by the petitioner for release of the motorcycle bearing registration No. JH01X 2762 has been refused.

(3.) It has been submitted by learned counsel for the petitioner that petitioner is a constable in Jharkhand Police and he is owner of the motorcycle bearing Registration No. JH01X 2762. It has been submitted that petitioner is not an accused in a criminal case and in fact only on the ground that his motorcycle was used by the accused persons and there is a possibility that miscreants may use it once again for committing an act of crime, such application has been rejected. Learned counsel submits that since the motorcycle is kept in the police station, it is getting decayed due to the vagaries of weather. Learned counsel submits that as and when the motorcycle shall be required during trial, it will be produced by the petitioner.