Dismissed

Sunil Choudhary v. State of Rajasthan and Anr.

Rajasthan HC27 Aug 2024CRLMP/312/2014

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Miscellaneous Petition filed under Section 482 CrPC challenging orders granting superdagi of a vehicle to the respondent. The Court held that as the respondent was the registered owner, the lower courts did not commit any error.

What did the court decide?

Petition dismissed; the order granting superdagi of the vehicle to respondent No.2 is upheld.

Sunil Choudhary Vs State of Rajasthan and Anr. — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:35840]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 312/2014

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Sunil Choudhary S/o Shri Buddharam, R/o 303, Mahima Fountain Square, Jawahar Circle, 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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Tara Chand S/o Shri Sohan Lal Soni, R/o Pal Niche Ki Dhani, Lalwas, Police Station Amer, Distt. Jaipur Raj.

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----Respondents

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For Petitioner(s) : Mr. R. P. Sharma, Adv. for Mr. Prahlad Sharma, Adv. For Respondent(s) : Mr. Vivek Choudhary, Dy. GA

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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27/08/2024

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This Criminal Miscellaneous Petition has been filed by the petitioner under Section 482 Cr.P. C. against the order dated 16.04.2013 passed by Additional Sessions Judge No.2, Jaipur Metropolitan in Revision Petition No.17/2013, whereby revision petition filed by the petitioner has been dismissed and affirmed the order dated 22.09.2012 passed by Additional Chief Metropolitan Magistrate No.10, Metropolitan in Criminal Case No.1587/2012, whereby the petitioner’s application for releasing the vehicle in question on supurdgi has been dismissed, whereas the vehicle in question has been ordered to be released in favour of respondent No.2.

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Learned counsel for the petitioner submits that the petitioner as well as respondent No.2 filed application before the trial court

[2024:RJ-JP:35840]

[CRLMP-312/2014]

(2 of 2)

for taking vehicle No.MH01-AE-7074 on supurdgi but trial court vide order dated 22.09.2012 dismissed the application filed by the petitioner and allowed the application filed by the respondent No.2 and granted vehicle on supurdgi to respondent No.2. After that, petitioner challenged the said order by filing the revision petition. The revisional court dismissed the revision filed by the petitioner vide order dated 16.04.2013.

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Learned counsel for the petitioner also submits that petitioner had purchased the alleged vehicle in the name of Sunil Choudhary and amount was paid by the petitioner but trial court as well as revisional court had committed error in releasing the alleged vehicle on supurdgi in favour of respondent No.2. So, the order of the trial court as well as revisional court be set aside.

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I have considered the arguments advanced by learned counsel for the petitioner and perused the impugned orders.

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It is an admitted position that respondent No.2 is registered owner of the alleged vehicle. So, in my considered opinion, trial court as well as revisional court had not committed any error in allowing the supurdgi application filed by respondent No.2. So, present petition being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

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(NARENDRA SINGH DHADDHA),J

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Jatin /302

Sunil Choudhary v. State of Rajasthan and Anr.

Case brief

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Sunil Choudhary v. State of Rajasthan and Anr.

Case brief

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