Allowed

Dayashankar S/O Shri Sharvan v. State of Rajasthan

Rajasthan HC19 Oct 2020CRLMP/3401/2020

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 CrPC to quash the trial court's order and release a tractor with trolley to the petitioner. The court held that no rival claimant existed, the police had not initiated confiscation proceedings, and the vehicle was not required for further investigation. The court directed the release of the vehicle subject to an undertaking

What did the court decide?

The order dated 30.06.2020 passed by the Trial Court is set-aside; the tractor with trolley is to be released to the petitioner/registered owner with specific undertakings regarding its use and identi

Dayashankar S/O Shri Sharvan Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 3401/2020

¶3

Dayashankar S/o Shri Sharvan, R/o Manmohanpura, Tehsil Newai, Tonk (Raj)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Public Prosecutor

¶7

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

¶8

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶9

Order

¶10

19/10/2020

¶11

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 30.06.2020 passed by the trial court as also for releasing the vehicle Tractor bearing registration No.RJ26-RB-8348 with Trolley to the petitioner on supurdagi.

¶12

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 Tractor with Trolley in

¶13

(2 of 3)

¶14

[CRLMP-3401/2020]

¶15

question. If the Tractor with Trolley 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 Tractor with Trolley 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.

¶16

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

¶17

Taking into consideration the facts and circumstances of the case, this Cr. Misc. Petition is allowed; the order dated 30.06.2020 passed by the Trial Court is set-aside with the following directions:

¶18

I. The concerned Police Station shall release the Tractor bearing registration No.RJ26-RB-8348 with Trolley to the petitioner / registered owner of the vehicle alone.

¶19

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.

¶20

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

¶21

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

¶22

(3 of 3)

¶23

[CRLMP-3401/2020]

¶24

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

¶25

(PRAKASH GUPTA),J

¶26

Mohit/59

Dayashankar S/O Shri Sharvan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dayashankar S/O Shri Sharvan 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Indraj S/O Hanuman Vs State of Rajasthan

Roopsingh Lodha S/O Kanhiram Vs State of Rajasthan

Golu @ Pushpendra Lodha S/O Ramprasad Vs State of Rajasthan

Mohan Lal S/O Manphool Vs State of Rajasthan

Parshuram S/O Shri Hemram Meena Vs State of Rajasthan

Jawan S/O Shri Sheonarayan Vs State of Rajasthan