Allowed

Sata Ram v. State of Rajasthan

Rajasthan HC2 Sept 2021CRLR/568/2021

Case brief

AI extract

What is this about?

Allowed a criminal revision petition seeking release of a tanker detained in a Prevention of Atrocities case. The High Court relied on Supreme Court precedents to direct the trial court to release the vehicle on usual conditions subject to verification of ownership.

What did the court decide?

Directed the trial court to release the Tanker bearing registration No. RJ-04 GB-1342 in favour of the petitioner on usual conditions subject to verification of ownership.

Sata Ram Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision Petition No. 568/2021

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Sata Ram S/o Sh. Deramaram, Aged About 28 Years, B/c Jat, R/ o Dudiyo Ki Dhani, (Rawatsar), Teh. And Dist. Barmer Through Power Of Attorney Holder Sh. Durga Ram S/o Sh. Samela Ram, B/c Dewasi, Aged About 42 Years, R/o Sada, Tehsil Sindhari, Dist. Barmer.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Govind Suthar
For Respondent(s)	: Mr.	Gaurav Singh,PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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02/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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The petitioner has preferred this petition praying that the order dated 21.5.2021 passed by learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Barmer in Sessions Case No.337/2017 (47/2018), be set aside, whereby the said court refused to release Tanker bearing registration No.RJ-04 GB-1342 to the petitioner.

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Counsel for the petitioner has relied upon the judgment rendered by the Hon’ble Apex Court in Sunderbhai Ambalal

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Desai vs. State of Gujarat, (2002) 10 SCC 283 , to contend that the Supreme court has held that the vehicle should not be

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(2 of 2)

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[CRLR-568/2021]

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permitted to remain parked in the police station as same shall gather rust and shall not remain useful.

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Counsel for the petitioner submits that the District Collector has already passed an order of not releasing the vehicle in accordance with Section 6 of Essential Commodities Act. He also submits that the competent court has also refused to release the vehicles in question.

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Learned Public Prosecutor opposes and submits that if at all the vehicle is to be released then subject to the final outcome, certain bank guarantee may be directed to be submitted by the petitioner so that in case, any penalty has to be implemented at the end of the proceedings, the same can be discharged out of the bank guarantee.

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Relying upon the judgment of Supreme Court in the case of Sunderbhai Ambalal Desai (supra) , the present revision petition is allowed and the trial court is directed to release the Tanker bearing registration No.RJ-04 GB-1342 in favour of petitioner on usual conditions, which the trial court deems fit.

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Needless to say, trial court shall make verification that the petitioner is registered owner of the vehicle in-question.

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(DR.PUSHPENDRA SINGH BHATI),J.

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83-nirmala/Sanjay-

Sata Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sata Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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