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2022 Supreme(Jhk) 667

SANJAY KUMAR DWIVEDI
Gulam Ansari @ Md. Gulam Ansari, son of Dashu @ Dostmohammad Ansari – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Farooque Ansari.
For the State : Mr. Neil Abhijit Toppo.

JUDGMENT :

1. Heard Mr. Farooque Ansari, learned counsel for the petitioner and Mr. Neil Abhijit Toppo, learned counsel for the State.

2. Petitioner has preferred this petition for quashing of order dated 04.01.2022 passed in Ranka P.S.Case No.302/2021 passed by learned J.M Garhwa whereby he has rejected the prayer of the petitioner for release of the vehicle being registration No.JH14G-8294 and to further quash the order dated 22.02.2022 passed in Cr.Revision No.06 of 2022 whereby claim of the petitioner for release of the auto rickshaw/Tempo bearing aforesaid registration number has been rejected.

3. Ranka P.S.Case No.302/2021 was instituted against the driver of the said auto rickshaw alleging therein that on 13.11.2021 her husband has gone to village Kerba Kutti, PS Ramkanda for Barchheya and on the same day after Barchheya he was returning house and when he reached to village Manpur due to rash and negligent driving of the Driver of the Tempo bearing aforesaid number her husband fell down on the road from the Tempo and crushed his whole body by the said vehicle resulting her husband died during treatment. On these backgrounds, the case was instituted.

4. Mr. Farooque Ansari, l

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