MAMTA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioners, inter alia, have prayed for release of the vehicle belonging to Petitioner No. 1, which has been allegedly seized in colourable exercise of power without any legal basis by Respondent Nos. 5 and 6, for compensation @ Rs. 1,000.00 per day from the date of seizure of the vehicle, compensation for causing mental agony to Petitioner No. 2 by implicating him in a false and malicious prosecution and for quashing the entire proceedings including the orders dated 5th September, 2005 and 9th September, 2005 in M -II Case No. 147 of 2005.

(2.) ACCORDING to the petitioners, Petitioner No. 1 has been operating a Trekker, being Registration No. JH -01 -E -9057. The petitioner No. l possessed the said vehicle by virtue of the agreement for sale dated 31st May, 2004 and power of attorney dated 2nd April, 2004 executed by the registered owner -Bimal Kumar. The said vehicle operates on Dhurwa -Ranchi route on hire basis.

(3.) PETITIONER No. 2 went to the police station along with original documents and requested Respondent Nos. 5 and 6 to release the vehicle. The said respondents demanded a sum of Rs. 800.00 for releasing the vehicle. Petitioner No. 2 did not comply with the said illegal condition. He was then allegedly threatened with dire consequences, including implication in criminal case and causing damage to the vehicle.