IMPORTANT POINT
Rule 6 of the Jharkhand Motor Accident Claims Tribunal Rules, 2019 allows for the release of a vehicle involved in an accident upon furnishing sufficient security, even if the vehicle is not insured.

ORDER :

The instant Criminal Miscellaneous Petition has been filed under Section 482 Cr.P.C. against the order dated 21.11.2022, passed in Criminal Revision No.73/2022 arising out of Kamdara P.S. Case No.02/2022 dated 16.01.2022 registered for the offence under Sections 279, 304(A), 337, 338 of the Indian Penal Code whereby and whereunder the order dated 23.08.2022 passed in Misc. Criminal Application No.259/2022 rejecting the petition filed by the petitioner for the release of Maxi Cab vehicle has been upheld.

2. The facts leading to this case reads hereunder as :-

2(i) The prosecution case is based on the fardbayan of Rajesh Nag that on 16.01.2022 at about 16.00 hrs he gave information voluntarily that his elder brother Mahesh Nag went for some work on his motorcycle no. JH01DQ-4284. At around 1.30 p.m. the villagers called him and told him that his brother has been hit by Tata Magic Vehicle having registration No. JH01CW-6648 which was being driven rashly and negligently. On this information, the informant reached to the place of occurrence and with the help of the villagers, his injured brother was taken to hospital. He was referred to RIMS, Ranchi and while moving to Ranchi, his brother has died.

2(ii) On the basis of said fardbeyan, Kamdara P.S. case no. 02/2022 dated 16.01.2022 for the offence alleged under section 279/304(A)/337/338 of 1.P.C. was registered against the accused persons.

2(iii) The petitioner is the owner of the vehicle in question which is having registration no. JH01CW-6648. The vehicle having registration no. JH01CW-6648 was seized by the police in connection with the present case.

2(iv) The petitioner filed an application bearing Misc. Criminal Application No. 259/2022 before the learned Judicial Magistrate, 1st Class, Gumla for release of the Vehicle having registration No.JH01CW-6648 but the same was dismissed vide order dated 23.08.2022.

2(v) Thereafter, the petitioner challenged the order dated 23.08.2022 before the learned court of Sessions Judge, Gumla in Criminal Revision No. 73/2022 which was also dismissed vide order dated 21.11.2022, against which the present Criminal Miscellaneous Petition has been filed.

3. Learned counsel appearing for the petitioner has submitted that the application was filed for release of the vehicle before the first court, i.e., in the court of Judicial Magistrate, 1st Class, Gumla, being Miscellaneous Criminal Application No. 259/2022 for release of Maxi Cab vehicle bearing registration No.JH01CW-6648 but the same was rejected on the ground that the vehicle on the date of causing accident was not insured.

3(i) Such finding was challenged by filing revision being Criminal Revision No.73/2022 on the ground that while rejecting the claim of release of vehicle in question, the learned Judicial Magistrate, 1st Class, Gumla has not taken into consideration the statutory command as provided under Rule 6 of the Jharkhand Motor Accident Claims Tribunal Rules, 2019 (hereinafter to be referred to as the Rules, 2019). The learned revisional court has upheld the order passed by the learned Judicial Magistrate dismissing the revision against which the present petition has been filed.

4. Mr. Lukesh Kumar, learned counsel appearing for the petitioner, has submitted that Rule 6 of Rules, 2019 is very specific wherein the vehicle cannot be released if involved in an accident resulting in death or bodily injury or damage to property, when such vehicle is not covered by the policy of insurance against third party risks but the second part of Rule 6 of Rules, 2019 provides that the registered owner will furnish sufficient security to the satisfaction of the court to pay compensation that may be awarded in a claim case arising out of such accident. The learned revisional court, by taking note of the part of the aforesaid provision, has dismissed it.

4(i) It has been contended that it is not that under Rule 6(1) of Rules, 2019 there is embargo in release of the vehicle but the vehicle can be releas