Allowed

Parshuram S/O Shri Hemram Meena v. State of Rajasthan

Rajasthan HC19 Oct 2020CRLMP/2684/2020

Case brief

AI extract

What is this about?

The Court allowed a criminal miscellaneous petition under Section 482 CrPC to quash an order dated 21.03.2020 and direct the police to release a Tipper/Dumper to the petitioner, noting no rival claimant and lack of investigation needs for the vehicle.

What did the court decide?

Quashed the order dated 21.03.2020 passed by the Trial Court and directed the police to release the vehicle to the petitioner.

Parshuram S/O Shri Hemram Meena Vs State of Rajasthan — Rajasthan HC (2020) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2684/2020

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Parshuram S/o Shri Hemram Meena, R/o Agarwal Farm, Mansarover, Jaipur, Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent For Petitioner(s) : Mr. Sandeep Jain, through VC For Respondent(s) : Mr. Ramesh Choudhary, PP for the State

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Order

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19/10/2020

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Mr. Sandeep Jain, learned counsel for the petitioner has filed the aforesaid Cr. Misc. Petition under Section 482 CrPC for quashing and setting aside the order dated 21.03.2020 passed by the trial court as also for releasing the vehicle Tipper/Dumper bearing registration No. RJ 14-GJ-2140 to the petitioner on supurdagi.

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At the out-set, learned counsel for the petitioner submits that similar controversy has been dealt with by the Coordinate Bench of this Court vide order dated 3.2.2020 in S.B. Cr. Misc. Petition No. 2723/2019 titled Asharam Versus State of Rajasthan and other connected matters, wherein the impugned orders were quashed and set-aside and the aforesaid cr. misc. petitions were allowed with certain directions. He further submits that there is no rival claimant of the Tipper/Dumper in question. If

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(2 of 3)

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[CRLMP-2684/2020]

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the Tipper/Dumper is not released in favour of the petitioner, it would be reduced into junk of nobody’s use. He further submits that the vehicle in question is not required by the police for investigation purpose and no confiscation proceedings have been initiated against the same. He further submits that the police failed to fairly investigate into the matter as to whether Tipper/Dumper were being used for carrying the gravel. The grounds on which the impugned order has been passed are not legally sustainable, hence the vehicle in question is required to be released.

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Learned PP appearing for the State is not in a position to deny the aforesaid factual aspect of the matter.

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Taking into consideration the facts and circumstances of the case, this Cr. Misc. Petition is allowed; the order dated 21.03.2020 passed by the Trial Court is set-aside with the following directions:

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I. The concerned Police Station shall release the Tipper/Dumper No. RJ-14-GJ-2140 to the petitioner / registered owner of the vehicle alone.

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II. That the petitioner / registered owner shall keep the vehicle so released intact and shall not change its identification. The petitioner / registered owner shall produce the vehicle as and when trial court requires the same for proposed identification of the case property.

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III. The petitioner / registered owner shall furnish the photographs of the vehicle showing its number and colour etc.

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IV. At the time of release, the petitioner / registered owner shall also give an undertaking to the effect that the vehicle shall

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(3 of 3)

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[CRLMP-2684/2020]

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not be used for any illegal purpose and if so found, the petitioner / registered owner shall be personally liable.

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(PRAKASH GUPTA),J

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Mohit/51/DK

Parshuram S/O Shri Hemram Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Parshuram S/O Shri Hemram Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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