Disposed

Saynul Haque Choudhury @ Md. Sainul Haque v. the State of Assam and Anr.

Gauhati HC8 Apr 2019Crl.Rev.P./72/2019

Case brief

AI extract

What is this about?

In this criminal revision petition challenging the rejection of a prayer for custody of a seized vehicle, the Gauhati High Court directed the investigating police to ascertain the genuine owner via concerned authorities before releasing the vehicle upon furnishing an indemnity bond.

What did the court decide?

Direction to Investigating Police to ascertain actual owner from concerned authority and hand over vehicle to genuine registered owner on furnishing indemnity bond equivalent to vehicle value.

Saynul Haque Choudhury @ Md. Sainul Haque Vs the State of… — Property and Title | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010037752019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Rev.P. 72/2019

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1:SAYNUL HAQUE CHOUDHURY @ MD. SAINUL HAQUE S/O MD. ABDUL ROHIM CHOUDHURY@ ABDUL ROHIM, VILLAGE LAHORIJAN, PO AND PS KHATKHATI, DIST. KARBI ANGLONG, ASSAM, PIN-797112

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PERMANENT R/O VILLAGE NATUN BASTI, PO AND PS DIMAPUR WEST, STATE NAGALAND ORIGINAL INHABITANT OF VILLAGE BATARSHI, PO TILLABAZAR, DIST. KARIMGANJ, ASSAM, PIN 788709

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VERSUS

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1:THE STATE OF ASSAM AND ANR REP. BY PP, ASSAM

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2:KALAM JIMUNG S/O LT. MEN JIMUNG VILL BAKARAM JIMUNG ZIRO POINT PS DILLAI DIST. KARBI ANGLONG ASSAM PIN-78248

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Advocate for the Petitioner : MR H R CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 08-04-2019

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Heard Mr. HR Choudhury, learned counsel for the petitioner as well as Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent No. 1, who has entered appearance and participated in the hearing.

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Perused the petition as well as the annexures furnished therewith.

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This criminal revision petition has been filed challenging the legality, propriety and correctness of the order, dated 18.01.2019 passed by the learned Chief Judicial Magistrate, Karbi Anglong, Diphu in GR Case No. 1318/2018 (Dillai P.S. Case No. 44/2018) by which order the said learned Chief Judicial Magistrate rejected the prayer for custody of the vehicle seized in connection with the said case.

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On perusal of the entire materials placed before this court, as of now, this court finds that the petitioner who claims to be the father of the minor owner of the vehicle bearing registration No. NL-05A-9385 was seized after it met with an accident and after a case under Section 279/304(A) of the IPC was registered.

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The prayer for custody of the aforesaid vehicle was rejected by the aforesaid order passed by the said learned Chief Judicial Magistrate, Karbi Anglong, Diphu on the ground that the owner of the vehicle, as per the registration certificate, is one Ridwan Ahmed, Son of Md. Sainul Hoque, whereas by an affidavit submitted before the learned Chief Judicial Magistrate, the petitioner claimed that the owner of the vehicle was Rizwan Choudhury, who is the minor son of the petitioner. The vehicle was admittedly registered in the year 2011 and the name of the owner in the registration certificate never got corrected. The aforesaid vehicle was registered at Nagaland. Thus, considering the discrepancies in the registration certificate, as indicated above, the learned Chief Judicial Magistrate rejected the prayer.

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The impugned order does not appear to have suffered from any illegality or impropriety requiring interference by this court. However, this court proposes to dispose

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of this matter, at this motion stage itself, with a direction to the Investigating Police Officer that he will ascertain from the concerned authority about the actual and legal owner of the aforesaid vehicle and on his satisfaction about the genuineness of the claimant, the same be handed over to the genuine registered owner on furnishing an indemnity bond equivalent to the value of the vehicle involved in this case.

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With the above observations and directions, this petition stands disposed off.

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JUDGE

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Comparing Assistant

Saynul Haque Choudhury @ Md. Sainul Haque v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Saynul Haque Choudhury @ Md. Sainul Haque v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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