IN THE COURT OF SRI SHEKHAR KUMAR, LD. C.J.M.

AT– KODARMA
Telaiya P.S. FIR no.– 226/2019
In the matter of:
State
Versus
Unknown thief …………………… Accused

Registered U/s 379 and 411 of the I.P.C

Next date of hearing – Not known.
This application on behalf of accused namely Nitish Kumar, son
of Sri Rabindra Mahto, aged about 19 years, resident of Village
– Jabra, P.O. – Korra, District – Hazaribagh (Jharkhand).

Application under section 451 of the Criminal

Procedure Code for the release of mobile phones taken
into possession by the police in the above noted case
owned by the applicant.
Most respectfully sheweth:
1. That the above named accused/petitioner is a permanent resident of
above mentioned address and was named as accused in the above
noted case, he was sent into judicial custody after making arrest by
Telaiya police. The accused/petitioner was released on regular bail vide
order dated 29.11.2019 passed in B.P. no.– 336/2019 by the Learned
Principal District and Sessions Judge, Kodarma.
2. That the mobile and mobile charger of above named petitioner was
taken into possession by the police in the above noted case from the
petitioner’s possession during his arrest.
3. That the petitioner is the owner of Mobile handset, model Redmi Note 5
pro, bearing IMEI numbers; 868430447381860 and 868434047381878
 which was purchased from Star Mobile, Sujait Chowk, Jaffri Complex,
Hazaribagh (Jharkhand) and tax invoice was issued in the name of this
accused/petitioner, a copy of retail invoice is attached with this petition
for your Honour’s perusal.
4. The mobile was not required anymore for further investigation or for
any other purpose by the police and as such the applicant is entitled for
release of mobile phone on Superdari in his favour being the owner of
the same.
5. That the other grounds shall be urged at the time of hearing.

It is, therefore respectfully prayed that

keeping in view the above detailed
submissions, present application may be
allowed and report may be call for from
Telaiya P.S. and the mobile phones owned
by the applicants may be released on
Superdari in favour of this applicant, in the
interest of justice.
And/Or
Pass any or other order/s in favour of the
petitioner as deemed fit and proper by this
learned Court in the facts and
circumstances of this case.

Filed on behalf of the applicant/owner.

Dated:

Sd/-
Through Counsel
 IN THE COURT OF SRI SHEKHAR KUMAR, LD. C.J.M.
AT– KODARMA
Telaiya P.S. FIR no.– 226/2019
In the matter of:
State
Versus
Unknown thief …………………… Accused

Registered U/s 379 and 411 of the I.P.C

Next date of hearing – Not known.

The humble petition for reminder on behalf

of Nitish Kumar, son of Sri Rabindra Mahto
resident of Village – Jabra, P.O. – Korra,
District – Hazaribagh (Jharkhand) for issuing
show cause notice against the Officer in
Charge of Telaiya P.S. in the matter of afore
-mentioned case.
Most respectfully sheweth:
1. That prior to this reminder petition an application for the release of
mobile phone was placed before this ld. Court on 11.09.2020 and the
matter was heard.

2. That after hearing of the matter, a notice dated–15.09.20 has been

issued by the Court, seeking report from Telaiya P.S. and the O.C. of
Telaiya P.S. was directed to file their report or any objection by
 24.09.2020 and if no report be submitted till the above date, it will be
presumed that police having no objection regarding release of mobile.
2.

3. That till 24.09.2020 no such report has been filed by Telaiya P.S. or the
I.O. pertaining to the Court notice. And is clear that the Telaiya P.S.
having no objection regarding releasing the mobile phone.

It is therefore humbly requested that an

order of releasing the mobile phone be
passed in favour of this petitioner.
And/Or
Pass any or other order/s in favour of the
petitioner as deemed fit and proper by this
learned Court in the facts and
circumstances of this case.

Filed on behalf of the petitioner.

Dated:

Sd/-
Through Counsel
Mobile no. 9572918518
IN THE COURT OF SRI SHEKHAR KUMAR, LD. C.J.M.
AT– KODARMA

Telaiya P.S. FIR no.– 226/2019

In the matter of:

State
Versus
Unknown thief …………………… Accused

Registered U/s 379 & 411 of the I.P.C

Next date of hearing – Not known.

The humble petition for reminder on behalf

of Nitish Kumar, son of Sri Rabindra Mahto
resident of Village – Jabra, P.O.– Korra,
District–Hazaribagh (Jharkhand) for the release
of mobile phone
AND
To issue a show cause notice to the O.C. of
Telaiya P.S. for not complying with the notice
issued by this Ld. Court.
Most respectfully sheweth:
1. That prior to this humble petition an application for the release of
mobile phone along with related documents was placed before this ld.
Court on 11.09.2020 and the matter was heard.
2. That after hearing of the matter, a notice dated–15.09.20 was issued
by this ld. Court, seeking report from Telaiya P.S. and the O.C. of
Telaiya P.S. was directed to file their report or any objection latest by

2.

24.09.2020 and if no report be submitted till the above date, it will be

presumed that police having no objection regarding release of mobile
phone, registered in the name of this petitioner, having model: Redmi
Note 5 pro, bearing IMEI numbers; 868430447381860 and
868434047381878

3. That on inspection of the case record, it was discovered that no any

report was filed by the I.O. pertaining to the Court notice till
04.10.2020. Subsequently, on 05.10.2020 an application for the
release of the mobile phone and issuing a show cause notice to the
I.O. of the case was placed before this ld. Court. And in light of that
petition again on 06.10.2020 a call for report notice was issued to the
O.C. of Telaiya P.S. and was asked to submit report by 14.10.2020.
However, to the utter surprise no any report or reply was submitted by
the O.C. of Telaiya P.S. and all in vain.

4. That despite of both above mentioned petitions; no any order for the
release of the mobile phone was passed by this ld. Court.

5. That Hon’ble Supreme Court of India, in one of the judgement given in

(2002) 10 SCC 283 Sunderbhai Ambalal Desai Vs. State of Gujarat
has clearly observed and has given directions regarding early release
of the seized items etc. without any further delay and by also keeping
in a view that the real owners of seized items are not suffer loss of the
same.
6. That the petitioner undertakes and is ready to furnish bond if ordered
by this ld. Court while ordering the release of seized mobile phone. It is
also pertinent to mention here that numbers of items seized by the
police are kept unattended and these vehicles become junk day by day

3.

And as a result the owner of those seized items has to suffer loss
incurred.

It is therefore humbly requested that in light

of this petition an order for the release of
above mentioned mobile phone be passed
in favour of this petitioner.

And/Or

A show cause notice be issued to the O.C.

of Telaiya P.S. as to why no any report was
submitted from his side pertaining to the
notice dated 15.09.2020 and 06.10.2020
was duly issued to him.

And/Or

Pass any or other order/s in favour of the

petitioner as deemed fit and proper by this
learned Court in the facts and
circumstances of this case.

Filed on behalf of the petitioner

Dated:
Sd/-
 Through Counsel
(Ravi S. Banerjee)
Mobile no. 9572918518

IN THE COURT OF SRI SHEKHAR KUMAR, LD. C.J.M.

AT– KODARMA
Telaiya P.S. FIR no.– 226/2019

In the matter of:

State
Versus
Unknown thief …………………… Accused

Registered U/s 379 & 411 of the I.P.C

Next date of hearing – Not known.

The humble petition on behalf of Nitish Kumar

son of Sri Rabindra Mahto, resident of village –
Jabra, P.O.–Korra,District–Hazaribagh for the
release of mobile phone.
AND
To issue a show cause notice to the O.C. of
Telaiya P.S. for not complying to the notice
and reminder issued by this Ld. Court .

Most respectfully sheweth:

1. That prior to this humble petition an application for the release of mobile
phone along with related documents was placed before this ld. Court on
11.09.2020 and the matter was heard.
2. That after hearing of the matter, a notice dated–15.09.20 was issued by
this ld. Court, seeking report from Telaiya P.S. and the O.C. of Telaiya
P.S. was directed to file their report or any objection latest by 24.09.2020
and if no report be submitted till the above date, it will be presumed that
2.
police having no objection regarding release of mobile phone, registered
in the name of this petitioner, having model: Redmi Note 5 pro, bearing
IMEI numbers; 868430447381860 and 868434047381878.

3. That on inspection of the case record, it was discovered that no any report
or reply has been filed by the I.O./O.C. of Telaiya P.S., pertaining to the
Court notice issued on 15.09.2020 and subsequently, a reminder notice on
06.10.2020.

P R A Y E R:
It is therefore humbly requested that in light of
this petition an order for the release of above
mentioned mobile phone be passed in favour of
this petitioner.
And/Or
A show cause notice be issued to the O.C. of
Telaiya P.S. as to why no any report was
submitted from his side pertaining to the notice
dated 15.09.2020 and reminder notice 06.10.2020
duly issued to him.
And/Or
Pass any or other order/s in favour of the
petitioner as deemed fit and proper by this
learned Court in the facts and circumstances of
this case.
Filed on behalf of the petitioner
Dated:
Through Counsel
(Ravi S. Banerjee)
Mobile no. 9572918518

IN THE COURT OF SRI SHEKHAR KUMAR, LD. C.J.M.

AT– KODARMA
Telaiya P.S. FIR no.– 226/2019

In the matter of:

State
Versus
Unknown thief …………………… Accused

Registered U/s 379 & 411 of the I.P.C

Next date of hearing – Not known.

The humble petition on behalf of Nitish Kumar

son of Sri Rabindra Mahto, resident of village –
Jabra, P.O.–Korra, District–Hazaribagh for the
release of mobile phone.

Most respectfully sheweth:

1. That on last date of hearing a show cause notice was issued by this
learned Court in against the I.O. in aforementioned case.

2. That in against said show cause notice, a report has been submitted by
the I.O. having no objection while releasing the mobile phone,
 registered in the name of this petitioner, bearing model: Redmi Note 5
pro, and IMEI numbers; 868430447381860 and 868434047381878.

2.

P R A Y E R:
It is therefore humbly requested that in light of
this petition an order for the release of above
mentioned mobile phone be passed in favour of
this petitioner.
And/Or

Pass any or other order/s in favour of the

petitioner as deemed fit and proper by this
learned Court in the facts and circumstances of
this case.

Filed on behalf of the petitioner

Dated: 07/01/2021

Through Counsel
(Ravi S. Banerjee)
Mobile no. 9572918518