Allowed

Amit Kumar @ Vishal Kumar Gupta v. State of Punjab and Ors.

Punjab & Haryana HC20 Sept 2013CRM-M/17056/2013

Case brief

AI extract

What is this about?

Revision petition under Sec. 482 Cr.P.C regarding release of seized Indica car on superdari. Court held that since the bank issued an NOC and discharged the loan liability, setting aside prior orders refusing release and allowing vehicle release.

What did the court decide?

Petition allowed; prior orders passed on 05.12.2012, 01.03.2013 and 22.04.2013 set aside; Indica car released on superdari to petitioner.

Amit Kumar @ Vishal Kumar Gupta Vs State… — Criminal Trial and Appeal | Punjab & Haryana HC (2013)

¶1

Crl. Misc. No. M-17056 of 2013 (O&M) -1-

¶2

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶3

Crl. Misc. No. M-17056 of 2013 (O&M) Date of decision : 20.09.2013

¶4

Amit Kumar alias Vishal Kumar Gupta and anr.

¶5

....Petitioners

¶6

versus

¶7

State of Punjab and others

¶8

...Respondents

¶9

CORAM: Hon'BLE MS. JUSTICE RITU BAHRI

¶10

Present: Mr. Yogesh Goel, Advocate for the petitioner

¶11

Mr. Daljeet Singh Virk, AAG, Punjab

¶12

¶13

RITU BAHRI , J. (Oral)

¶14

The present petition under Section 482 Cr.P.C is for setting aside the order dated 05.12.2012 and 01.03.2013 passed by the learned trial Court (P-1 and P- 3 respectively) and order dated 22.04.2013 whereby the application of the petitioner for release of vehicle i.e Indica Car has been dismissed.

¶15

Reply filed on behalf of the State, is taken on record.

¶16

The undisputed facts in the present case are that F.I.R No. 233 dated

¶17

22.11.2009 u/s 420/467/468/471/379/411/120-b IPC at Police Station Phase No. 8, District S.A.S Nagar Mohali was registered on the basis of secret information received by ASI Pawan Kumar, HC Harminder Singh, HC Suminder Singh and HC Pareveen Kumar that Sunil Kumar, Sandeep, Harminder Singh and Raju @ Sukhminder Singh have formed a gang and prepare false driving licences and fake

¶18

Arora Gaurav 2013.09.28 11:49 I attest to the accuracy and integrity of this document

¶19

Crl. Misc. No. M-17056 of 2013 (O&M) -2-

¶20

RC of vehicles at Mohali on fake addresses and by preparing fake identities, they got financed luxury vehicles from banks and then by preparing fake papers they same the same to gullible persons. The leader of the gang is Sunil Kumar who is also wanted by the Delhi Police. When the police raided the place, they recovered one indica car bearing registration No. CH18(T) 2758 Enigne No. 021438, Chasis No. 39341 from the possession of Sukhwinder Singh alias Raju on 22.11.2009. The present petitioner has purchased the said car in the name of Vishal Kumar Gupta after obtaining loan from State Bank of Patiala, Panchkula after pasting his photographs on the loan papers. In the above background, F.I.R was registered against the petitioner.

¶21

After presentation of the challan, charges were framed on 12.12.2011 and the case is fixed for prosecution evidence on 23.09.2013.

¶22

Learned counsel for the petitioner submits that the application of the petitioner for release of vehicle has been declined on the ground that NOC issued by the Bank in the Court of SDJM Mohali that Rs. 4 lacs was advanced in the name of Vishal Kumar Gupta and the said bank has no concern after discharging of the loan liability and they have no objection if the car is released to the petitioner.

¶23

On notice, a reply has been filed on behalf of respondent Nos.1 and 2 stating therein that the police has no objection for the release of the car on superdari to the petitioner.

¶24

Since the bank who had give the loan to the petitioner, had received the loan amount and had issued a NOC, this Court is of the view that the indica car bearing registration No. CH18(T) 2758 Enigne No. 021438, Chasis No. 39341 be

¶25

Arora Gaurav 2013.09.28 11:49 I attest to the accuracy and integrity of this document

¶26

Crl. Misc. No. M-17056 of 2013 (O&M) -3-

¶27

released on superdari to the petitioner to the satisfaction of the trial Court subject to the conditions imposed by the trial Court, as the trial is likely to take some time, no useful purpose would be served by keeping the vehicle parked in the premises of Police Station.

¶28

Orders dated 05.12.2012 passed by JMIC S.A.S Nagar, Mohali and

¶29

01.03.2013 passed by the learned trial Court (P-1 and P-3 respectively) and order dated 22.04.2013 passed by Additional Sessions Judge, SAS Nagar, Mohali are set aside.

¶30

Petition stands allowed.

¶31

20.09.2013 (RITU BAHRI) G.Arora JUDGE

¶32

20.09.2013

¶33

Arora Gaurav 2013.09.28 11:49 I attest to the accuracy and integrity of this document

Amit Kumar @ Vishal Kumar Gupta v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Amit Kumar @ Vishal Kumar Gupta v. State of Punjab and Ors.

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

Case details

Similar cases

Navita Rani and Another Vs State of Punjab and Others

Surinder Singh Vs State of Punjab

Gurpal Singh Vs State of Punjab and Ors.

M/S Preet Hire Purchase and Leasing Corp. Vs Kashmir Singh

H.C. Vedpal Vs State of Haryana and Anr.

Subhash Chand Vs State of Haryana & Anr.