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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sanjay Kumar Mandal @ Ajay Kumar Mandal, S/o Mitlal Mandal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with a prayer to set aside the order dated 20.12.2024, passed by the learned Chief Judicial Magistrate, Giridih in connection with Pachamba P.S. Case No. 144 of 2024, whereby and where under the learned Chief Judicial Magistrate, Giridih has rejected the prayer of the petitioner for release of the commercial vehicle being Tractor along with Trailer bearing Registration No. JH-11-Z-2732 as the same was not insured at the time of occurrence.
3. The brief fact of the case is that the said Tractor and Trailer was seized by the police in connection with Pachamba P.S. Case No. 144 of 2024, involving the offences punishable under Section 281, 125(a) and 125(b) of the B.N.S., 2023; as the same was involved in an accident causing injuries to the victim. The I.O. of the case on being asked by the court, intimated that the vehicle was not required for the purpose of investigation and on considering the fact that there was no valid insurance of the vehicle in question on the date of occurrence and Rule 6(1) of the Jharkhand Motor Accid
The absence of insurance does not bar the release of a seized vehicle if the owner provides sufficient security for potential compensation claims.
The central legal point established is that under Rule 6 of the Jharkhand Motor Accident Claims Tribunal, 2019, a seized vehicle can be released with sufficient security for compensation, and the cou....
Absence of insurance does not preclude vehicle release; courts must consider requiring sufficient security to ensure compensation claims as per applicable rules.
The central legal point established in the judgment is the application of Rule 6(1) of the Jharkhand Motor Accident Claim Tribunal Rule, 2019, which allows for the release of a vehicle if the owner f....
The central legal point established in the judgment is the interpretation and application of Rule 6 of the Jharkhand Motor Accident Claims Tribunal, 2019 in allowing the release of a vehicle involved....
The main legal point established in the judgment is the interpretation and application of Rule 6 of the Jharkhand Motor Accident Claims Tribunal, 2019, regarding the release of a motor vehicle involv....
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.
Uninsured vehicles involved in accidents cannot be released without sufficient security to cover potential compensation claims, protecting victim rights.
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