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2022 Supreme(Chh) 412

RADHAKISHAN AGRAWAL
Ratiram Nishad S/o Ferhu Ram Nishad – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Priyank Rathi.
For the Respondent: Anil Tripathi.

ORDER :

1. Heard on admission.

2. Admit.

3. With the consent of the parties, the case is heard finally.

4. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner challenging the impugned order dated 01.07.2022 passed by the Sessions Judge, Mahasamund (C.G.) in Criminal Revision No. H-18 of 2022, whereby revision petition filed by the petitioner was dismissed.

5. Facts of the case relevant for disposal of this petition, are that, Tractor bearing No. CG-06/GS/6514 (henceforth “offending vehicle”) owned by petitioner, met with an accident on 04.06.2022. Crime was registered in Police Station, Tumgaon bearing Crime No. 140/2022 for offence punishable under Section 304-A of Indian Penal Code (for short ‘IPC’) and offending vehicle was seized.

6. Petitioner filed an application for release of offending vehicle before the Chief Judicial Magistrate, Mahasamund (C.G.) which came to be allowed on 17.06.2022. Learned Magistrate, while allowing the application has made a pre-condition of furnishing a bank security of Rs. 5,00,000/- in cash or to deposit an equivalent amount towards bank security in the name of concerned Motor Accident Claims Tribunal

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