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2007 Supreme(Jhk) 276

N.N.TIWARI
Mamta Devi – Appellant
Versus
State Of Jharkhand – Respondent


JUDGMENT

Narendra Nath Tiwari, J.

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/- 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 9 th 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 31 st May, 2004 and power of attorney dated 2 nd April, 2004 executed by the registered owner-Bimal Kumar. The said vehicle operates on Dhurwa-Ranchi route on hire basis.

3. On 12 th August, 2005, the driver of the vehicle informed Petitioner No. 2 on telephone that the vehicle was seized by the Officer-in-charge (Traffic), namely, Jitendra Kumar, at Jail Chowk due to refusal of pa
































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