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Jharkhand High Court · body

2017 DIGILAW 41 (JHR)

Ajay Kumar @ Ajay Bajaj v. State of Jharkhand

2017-01-06

RONGON MUKHOPADHYAY

body2017
ORDER : 1. Heard Mr. Ranjan Kumar Singh, learned counsel appearing for the petitioner and Mr. Rajiv Ranjan Mishra, learned G. P. - II appearing for the respondents. 2. In this writ application a direction has been sought for from the concerned respondents to release the truck bearing Registration No. WB 53A 3506 in favour of the petitioner. 3. It appears that the truck belonging to the petitioner was seized by the Sahibganj Police wherein it was kept in the premises of the Sahibganj Police Station. The petitioner has filed an application before the learned court below for release of the truck and vide order dated 25.05.2016 truck was released in favour of the petitioner on certain terms and conditions and release order was also passed by the learned Chief Judicial Magistrate, Sahibganj directing the Officer In-charge Sahibganj Town P.S. for the release of the truck in favour of the petitioner after proper verification and identification of the same with intimation to the court below. 4. A rejoinder has been filed by the petitioner from which it appears that since the truck in question was not released in spite of there being specific direction of the learned court below, an application was preferred by the petitioner on 25.05.2016 before the learned Chief Judicial Magistrate, Sahibganj in which an explanation was called for from the Officer In-charge of Sahibganj Town Police Station on 01.06.2016. 5. It has been stated by the learned counsel for the petitioner that in spite of filing the said application before the learned court below for non-compliance of the order dated 25.05.2016 and even in spite of calling for an explanation from the Officer In-charge of Sahibganj (Town) Police Station no order has been passed with respect to the said application. It has been submitted that the vehicle of the petitioner is a commercial vehicle and is suffering from the vagaries of weather. 6. Learned G. P. - II, on the other hand, has relied on the counter affidavit and has stated that Sahibganj (Town) P. S. Case No. 58 of 2016 was instituted against the petitioner after the order of release was passed by the learned Chief Judicial Magistrate, Sahibganj. 7. The submission advanced by the learned counsel for the parties thus reveals that for non-compliance of the order dated 25.05.2016 passed in Misc. 7. The submission advanced by the learned counsel for the parties thus reveals that for non-compliance of the order dated 25.05.2016 passed in Misc. Case No. 01 of 2016 the petitioner has already filed an application which according to him is still pending and on which an explanation has been sought for from Officer In-charge of Sahibganj (Town) Police Station. Since the learned court below is in seisin of the matter and without expressing any opinion on the merits of the case, this writ application is disposed of with a direction to the learned Chief Judicial Magistrate, Sahibganj to dispose of the application preferred by the petitioner with respect to the alleged non-compliance of the order dated 25.05.2016 expeditiously and preferably within a period of one month from the date of receipt/production of a copy of this order. 8. Let this order be communicated through FAX to the concerned court at the cost of the petitioner.