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2021 DIGILAW 559 (JHR)

Birendra Singh v. State of Jharkhand

2021-07-29

RAJESH SHANKAR

body2021
1. The case is taken up through Video Conferencing. 2. The present writ petition has been filed for issuance of show cause to the respondent No.5 as to under what authority the petitioner’s vehicle bearing Registration No. JH 05 AR 9300 (Pajero Sport) has been kept at Bhurkunda Out Post without lodging an FIR or making any lawful seizure of the same. Further prayer has been made for issuance of direction upon the respondents to immediately release the said vehicle which according to the petitioner, has been illegally detained at Bhurkunda Out Post. 3. Reference may made to the order dated 24.06.2021, relevant part of which reads as under: “Considering the nature of the prayer made in the present writ petition, let a counter affidavit be filed on behalf of the respondent No.3 which shall be sworn by the said respondent himself. It shall also be clarified in the said counter affidavit as to whether the vehicle in question has been made part of the investigation arising out of Patratu (Bhurkunda) P.S. Case No. 198 of 2019 or any other criminal case.” 4. A counter affidavit has been filed on behalf of the respondent No.3 stating inter alia that three vehicles including the vehicle in question were stopped by the police in course of checking. On paper verification, the said vehicle was found registered in the name of the petitioner. Thereafter, the police issued notice to the registered owner of the said vehicle (i.e. the petitioner) in order to make proper verification. Since the petitioner was not found at the given address, the copy of the said notice was pasted near his door. However, till today the registered owner of the vehicle in question (i.e. the petitioner) has not come to Patratu Police Station, Ramgarh along with the relevant papers for getting the same released in his favour. It is also stated that the respondents have got no objection in releasing the vehicle in question after verifying the relevant documents so as to find out its true owner. 5. Mr. R. S. Mazumdar, learned Sr. counsel for the petitioner, submits that the petitioner, who is the registered owner of the vehicle in question, shall certainly appear at Patratu Police Station, Ramgarh under whose jurisdiction Bhurkunda Out Post falls, along with the relevant documents relating to his identity and ownership of the said vehicle. 6. 5. Mr. R. S. Mazumdar, learned Sr. counsel for the petitioner, submits that the petitioner, who is the registered owner of the vehicle in question, shall certainly appear at Patratu Police Station, Ramgarh under whose jurisdiction Bhurkunda Out Post falls, along with the relevant documents relating to his identity and ownership of the said vehicle. 6. In view of the said submission of learned counsel for the petitioner, the present writ petition is disposed of giving liberty to the petitioner to appear before the Officer-in-Charge of Patratu Police Station, Ramgarh along with the relevant documents relating to his identity as well as ownership of the vehicle in question. On his appearance and production of the said documents before the Officer-in-Charge of Patratu Police Station, Ramgarh, the said officer shall take appropriate steps for release of the vehicle in question in favour of the petitioner, if the documents produced by the petitioner relating to his identity and ownership of the vehicle in question are found genuine/in order, within 24 hours of his appearance in the said Police Station.