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Judgment
6 paragraphs · 329 wordsAnil Kumar Choudhary, J
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to set aside the order dated 21.05.2019 passed by the learned Sessions Judge-II, Deoghar whereby and where under the learned Sessions Judge-II, Deoghar was pleased to dismiss the Criminal Revision No. 61 of 2019 (Excise) and the prayer has also been made to quash the order dated 22.02.2019 passed by the learned Chief Judicial Magistrate, Deoghar in M.C.A. No. 325 of 2019 whereby and where under the learned Chief Judicial Magistrate, Deoghar has dismissed the application filed by the petitioner for release of the vehicle on the ground that the Investigating Officer of the case has written in its report called for by the learned Chief Judicial Magistrate, Deoghar about confiscation of the vehicle.
Learned counsel for the petitioner draws attention of this Court towards the supplementary affidavit dated 24.12.2025 and submits that till 24.12.2025, no confiscation proceeding has been initiated in respect of the Mahindra Bolero bearing Registration No. JH-15M-8310. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.
In view of the submissions made above, this Criminal Miscellaneous Petition is disposed of with liberty to the petitioner to file a fresh application for release of the seized vehicle concerned and in case any confiscation proceeding is either initiated or the vehicle has been confiscated, the learned Chief Judicial Magistrate, Deoghar is directed to specifically mention the number of the confiscation proceeding which has been initiated or the date of the order which has been passed for confiscation of the vehicle. In case there is no confiscation proceeding initiated, the learned Chief Judicial Magistrate, Deoghar is directed to pass order in accordance with law in respect of the petition to be filed by the petitioner.
This Criminal Miscellaneous Petition is disposed of accordingly.