The High Court allowed the petitioner's petition and set aside the lower courts' orders denying release of his tractor. Directed police/trial court to release the vehicle as accused were acquitted.
Orders dated 5.2.2013 and 23.4.2013 set aside; direction to release the petitioner's tractor.
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Crl. Misc. No. M-14419 of 2013
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-14419 of 2013 Date of Decision: Oct. 24,2013
Karambir ........................................ Petitioner
Versus
State of Haryana ............................ Respondent
Coram: Hon'ble Ms. Justice Ritu Bahri
Present: Mr. Kunal Dawar, Advocate for the petitioner.
Mr. Deepak Mishra, DAG, Haryana.
RITU BAHRI, J. (Oral)
Challenge is to the order dated 5.2.2013 passed by the Judicial Magistrate 1st Class, Palwal (Annexure P1) dismissing the application of the petitioner for release of tractor along with trolley on superdari and order dated 23.4.2013 passed by the Additional Sessions Judge, Palwal, (Annexure P2) dismissing the revision of the petitioner against order dated 5.2.2013.
Counsel for the petitioner has informed the Court Kaur Rupindertoday that all the accused who were facing the trial in FIR 2013.10.28 11:37 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No. M-14419 of 2013 [ 2 ] No. 33 dated 31.1.2013 under Section 379/188 IPC and Section 181/192 of Motor Vehicles Act, 1988 registered at Police Station Chandhut, District Palwal, have been acquitted on 4.10.2013 by the Court of Judicial Magistrate 1st Class, Palwal.
Certified copy of the order dated 4.10.2013 is taken on record as Annexure A.
In view of the above, this petition is allowed. The order dated 5.2.2013 passed by the Judicial Magistrate 1st Class, Palwal (Annexure P1) as well as the order dated 23.4.2013 passed by the Additional Sessions Judge, Palwal, (Annexure P2) are set aside and a direction is given to the trial Court/Police to release the vehicle of the petitioner as it is no longer required by them.
24.10.2013 ( RITU BAHRI ) Rupi JUDGE
Kaur Rupinder 2013.10.28 11:37 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether the High Court should allow the petitioner's petition and release his vehicle after the accused have been acquitted.
Karambir
State of Haryana
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
