Allowed

Sabudeen S/O Sh. Muhar Khan B/C Mev v. State of Rajasthan

Rajasthan HC16 Apr 2019CRLMP/1890/2019

Case brief

AI extract

What is this about?

This Criminal Miscellaneous petition sought to quash an order refusing release of seized tractor and trolley. The High Court allowed the petition, directing the trial court to release the vehicle subject to conditions including an indemnity bond, sureties, and undertaking to produce the vehicle for trial.

What did the court decide?

Release of the tractor and trolley seized as case property subject to imposition of conditions in a surrender-bond/by two sureties.

Sabudeen S/O Sh. Muhar Khan B/C Mev Vs… — Civil Procedure and Limitation | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 1890/2019

¶3

Sabudeen S/o Sh. Muhar Khan B/c Mev, R/o Mancha, Tehsil Kishangarhbas, Thana Kishangarhbas, District Alwar, Raj.

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp.

¶7

----Respondent

¶8

For Petitioner(s) : Mr. Sanjay Khan For Respondent(s) : Mr. Sher Singh Mahla, P.P.

¶9

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

¶10

/ Order

¶11

16/04/2019

¶12

The present petition has been filed under Section 482 Cr.P.C., praying that the order dated 06.03.2019 passed by the Court of Additional Chief Judicial Magistrate, Tijara District Alwar be set aside, whereby the said Court refused to release Tractor bearing registration No.HRQ-5673 along with the trolley to the petitioner.

¶13

The learned counsel appearing for the petitioner has submitted that the petitioner is a registered owner of the vehicle, in question.

¶14

The learned counsel for the petitioner has stated at Bar that no confiscation proceedings are pending, qua the tractor and trolley and the same are case property of case/FIR No.0522/2017, registered at Police Station Tijara District Alwar for offences punishable under Sections 379 and 120-B I.P.C. and under Sections 29, 32, 33, 41 and 42 of the Indian Forest Act.

¶15

I have heard the learned counsel for the parties.

¶16

(2 of 2)

¶17

[CRLMP-1890/2019]

¶18

The learned counsel for the petitioner has relied upon Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

¶19

Relying upon the judgment of the Supreme Court in the case of Sunderbhai Ambalal Desai (supra), the present petition is allowed and the trial Court is directed to release the tractor and trolley seized as case property by imposing following conditions:-

¶20

“a) That the petitioner shall keep the tractor and trolley, so released intact and shall not change their identification.

¶21

b) That the petitioner shall produce the tractor and trolley as and when trial court requires the same for proposed identification of the case property.

¶22

c) That the petitioner shall execute Supurdaginama/ indemnity bond and bonds by two sureties to the satisfaction of the trial court.

¶23

(d) The trial court is empowered to impose any or other conditions in the Supurdaginama/indemnity bond and surety bonds to be furnished by the petitioner and sureties, which it may deem fit.”

¶24

Needless to say, trial court shall make verification that the

¶25

petitioner is registered owner of the tractor and trolley.

¶26

(KANWALJIT SINGH AHLUWALIA),J.

¶27

ashok

Sabudeen S/O Sh. Muhar Khan B/C Mev v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sabudeen S/O Sh. Muhar Khan B/C Mev v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Hariom Sharma S/O Late Shri Kishan Lal Sharma Vs State of Rajasthan

Smt Sunita Tailor W/O Sh. Rajkumar Tailor Vs State of Rajasthan

Pramod S/O Shri Sultan Singh B/C Thakur Vs State of Rajasthan

Smt Prembai W/O Late Shri Chhitarmal Chhipa B/C Chhipa Vs State of Rajasthan

Irfan S/O Amir Khan B/C Mev Vs State of Rajasthan through Pp

Vasudev Tharani S/O Late Shri D.M. Tharani Vs State of Rajasthan