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2022 Supreme(Jhk) 498

SANJAY KUMAR DWIVEDI
Sukhdev Murmu @ Sukdeb Murmu, s/o. Suchend Murmu – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manish Kumar.
For the State : Mr. Ashwini Bhushan.

JUDGMENT :

1. Heard Manish Kumar, learned counsel appearing for the petitioner and Mr. Ashwini Bhushan, the learned counsel for the respondent State.

2. This petition has been filed for quashing the order dated 07.04.2022 passed by Shri Ranjeet Kumar, Principal Sessions Judge, Jamtara in Criminal Revision No.05/2022 whereby the revision application filed by the petitioner has been dismissed affirming the order dated 03.02.2022 passed by learned Chief Judicial Magistrate, Jamtara in Jamtara P.S.Case No.124/2021 whereby the prayer for release of Tractor bearing Chasis no.1VY5036DAKA008329, Engine No.py3029d534058 and Tailor Chasis No.JME0006 belonging to the petitioner no.1 as well as tractor bearing registration No.JH10BA6709 and trailor bearing no.JH10BA0645 belonging to the petitioner no.2, Rabilal Murmu, was rejected on the ground that confiscation proceeding is pending, pending in the court of learned Chief Judicial Magistrate, Jamtara.

3. The FIR was lodged on the following premise:-

    That the aforesaid two vehicles were found transporting sand for which Jamtara PS Case No.124/2021 has been registered us/ 414 IPC section 21 MMRD Act 1957 and section 54 of Jharkhand Minor Mineral C

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