Tipun Yadav vs State Of Jharkhand

Anil Kumar Choudhary, J

Heard the parties.

This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 31.01.2023 passed in Criminal Revision No. 107 of 2022 by the learned Sessions Judge, Giridih as well as the order dated 12.08.2022 passed by the learned Judicial Magistrate 1st Class, Giridih in connection with Jamua P.S. Case No. 225 of 2022 whereby and where under, the learned Judicial Magistrate 1st Class, Giridih rejected the prayer of the petitioner for release of the seized Tata Ace HT Magic vehicle bearing registration no. WB-37D-3311.

The brief fact of the case is that the said vehicle was seized by police in connection with Jamua P.S. Case No. 225 of 2022 as the same was involved in an accident caused by the rash and negligent driving of the said vehicle and dashed Jitan Das causing his death.

The said Jamua P.S. Case No. 225 of 2022 has been registered involving the offences punishable under Section 279/304A of Indian Penal Code. The vehicle in question was not covered by the insurance against third party risk and on that ground, the learned Judicial Magistrate 1st Class, Giridih rejected the prayer for release of the vehicle. The learned Sessions Judge, Giridih vide order dated 31.01.2023 in Criminal Revision No. 107 of 2022 referring to Rule 6 of Jharkhand Motor Vehicle Accident Claims Tribunal Rule, 2019 solicited an opinion from the counsel appearing on behalf of the petitioner as to whether the owner is ready and willing to pay the compensation in favour of the victims of the case but the counsel for the petitioner was not ready to take any steps in this regard and M.A. Claim Case No. 75 of 2022 has been filed on 20.07.2022 hence, dismissed the said revision.

Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the compensation.

In view of the submission made before this Court, this criminal miscellaneous petition is disposed of with a direction to the petitioner to file an affidavit before the learned Sessions Judge, Giridih to the effect that he is ready and willing to pay the compensation to be awarded to the claimant-informant-Anjani Devi in M.A. Claim Case No. 75 of 2022 and is ready and willing to furnish solvent sureties indemnifying the amount to be awarded in the said M.A. Claim Case No. 75 of 2022 within six weeks from the date of this order and in case, such an affidavit is filed by the petitioner, the order dated 31.01.2023 passed in Criminal Revision No. 107 of 2022 shall stand set aside and the learned Sessions Judge, Giridih will pass a fresh order in accordance with law.

In the result, this criminal miscellaneous petition is disposed of accordingly.