IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No. 777 of 2021

Md. Nasim, aged about 40 years, son of Md. Mustakim, resident of Village

Line Mohalla, P.O. Chatra, P.S. Sadar, District- Chatra … Petitioner

-Versus-

The State of Jharkhand

… Opposite Party

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CORAM:

HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner

: Mr. Rajiv N. Prasad, Advocate

For the Opposite Party-State

: Mr. Prabhu Dayal Agrawal, Spl.P.P.

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11/18.01.2022.

Heard Mr. Rajiv N. Prasad, learned counsel for the petitioner and

Mr. Prabhu Dayal Agrawal, learned Spl.P.P. appearing for the opposite party-

State.

2.

This petition has been taken 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 the order dated 02.03.2021

passed by the learned Sessions Judge, Chatra in Criminal Revision No.31 of

2020 whereby the order dated 07.08.2020 passed by the learned Chief

Judicial Magistrate, Chatra in MCA No.819 of 2020 arising out of Sadar P.S.

Case No.26 of 2020 has been confirmed.

4.

Mr. Rajiv N. Prasad, learned counsel for the petitioner submits that

the petitioner is engaged in the trade of selling and purchasing of scrap

batteries and in this connection he has collected several scrap batteries by

purchasing from various sources including shopkeepers of the locality on the

basis of weight of the battery. While the petitioner was loading the said

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scrap batteries purchased from various sources including from

the shopkeepers, the police reached at that place and seized the scrap

batteries and Truck suspecting that the same has been stolen and

accordingly FIR was lodged by the police under Section 414, 120B/34 of

the Indian Penal Code against the petitioner and owner and driver of

the truck. He further submits that the petitioner is the rightful owner of

the scrap batteries and he is having cash memo in support of his

claim, contained in Annexure-2 series of this petition. He also submits that

during investigation, it has been disclosed by several shopkeepers

that the scrap batteries were sold to the petitioner by them. He

further submits that the revisional court as well as the trial court has

ignored this fact.

5.

Mr. Prabhu Dayal Agrawal, learned Spl.P.P. appearing for the opposite

party-State submits that there is no illegality in the impugned

orders. However, if the petitioner is ready to deposit the bank guarantee on

such terms and conditions, the same can be released.

6.

Mr. Rajiv N. Prasad, learned counsel appearing for the petitioner on

instruction submits that the petitioner is ready to deposit the bank

guarantee.

7.

In view of the above facts and considering that the petitioner is

ready to deposit the bank guarantee, the order dated 02.03.2021 passed

by the learned Sessions Judge, Chatra in Criminal Revision No.31 of 2020

as well as the order dated 07.08.2020 passed by the learned Chief

Judicial Magistrate, Chatra in MCA No.819 of 2020 arising out of Sadar

P.S. Case No.26 of 2020 are, hereby, quashed.

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8.

In view of the above facts and considering the submissions of the

learned counsel for the parties, in the interest of justice it will be suffice that

the batteries be released on deposition of the bank guarantee to the tune of

Rs.5,91,542/- and on deposition of the said bank guarantee, the learned

court below shall release the batteries. The trial court is at liberty to impose

any other terms and conditions which the trial court deems fit and proper.

9.

Accordingly, this petition stands disposed of.

(Sanjay Kumar Dwivedi, J.)

Ajay/