JUDGMENT :

Heard Mr. Kripa Shankar Nanda, learned counsel appearing for the petitioner and Mr. Prabhu Dayal Agrawal, learned Spl.P.P. for the State.

2. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

3. This petition has been filed for quashing of the order dated 13.09.2021 passed in Misc. Criminal Application No. 659 of 2021 arising out of T. Tanger P.S. Case No. 55 of 2019, by the learned Judicial Magistrate, 1st Class, Simdega, whereby the release of a tractor bearing Registration No. JH-07-H-9933 has been rejected.

4. On the fardbeyan of the informant, the case was instituted stating therein that at about 7.00 A.M. her son was working as a labourer in a tractor and had gone in the morning in the tractor on 22.11.2019 for bringing some morom soil from Hararra More Ghatari (Konmenjra) and in course of that the tractor bearing Registration No. JH-07-H-9933 was met with an accident due to the rash and negligence driving of the driver, due to w