Allowed

Sushil Kumar Sharma S/O Shri Babu Lal Sharma v. State of Rajasthan

Rajasthan HC18 Dec 2024CRLMP/7835/2018

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC against rejection of a Section 457 application for release of a seized Jeep Thar. Investigation was complete and police no longer needed the vehicle. Court quashed the trial court's order and directed interim release on a Supurdginama with undertaking not to alienate the vehicle.

What did the court decide?

Vehicle RJ-41-UA-2406 ordered released to petitioner on Rs. 9,00,000 Supurdginama and surety; impugned order quashed.

Sushil Kumar Sharma S/O Shri Babu Lal Sharma Vs… — Criminal Trial and Appeal | Rajasthan HC (2024)

¶1

[2024:RJ-JP:52139]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 7835/2018

¶4

Sushil Kumar Sharma S/o Shri Babu Lal Sharma, aged about 32 years, R/o Bija Patel Ki Dhani, Thilpura, Anoppura, Jaipur, Raj.

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan, Through P.P.

¶8

Sugyan Singh Gurjar S/o Shri Ghanshyam Singh, R/o Village Todi, Police Station Manoharpur, Tehsil Shahpura, District Jaipur.

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Ketan Dhabhai with Mr. Pradeep Kumar

¶11

For Respondent(s) : Mr. Manvendra Singh, P.P. Mr. Ram Babu Khandelwal for respondent No.2

¶12

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

¶13

Order

¶14

18/12/2024

¶15

This petition under Section 482 of Cr.P.C has been filed against the order dated 28.11.2018 passed by Additional District and Sessions Judge No.1, Kotputli District Jaipur in FIR No.487/2017 registered at Police Station Pragpura, District Jaipur by which application filed by the petitioner under Section 457 Cr.P.C has been rejected for releasing the vehcile No. RJ-41-UA2406 on ' Supurdginama'.

¶16

Learned counsel for the petitioner submits that the petitioner is owner of Jeep 'Thar' bearing registration No. RJ-41-UA-2406 which has been seized by the police on 23.11.2017. Learned counsel for the petitioner also submits that during investigation in FIR No.487/2017 registered at Police Station Pragpura, before the

[2024:RJ-JP:52139]

[CRLMP-7835/2018]

(2 of 3)

seizure of the vehicle the registered owner-petitioner had sold the vehicle on 23.08.2017 to respondent No.2-Surgyan Singh but for some reasons Surgyan Singh could not get the registration of the vehicle in his name. Therefore, in this petition Surgyan Singh has been impleaded as respondent No.2.

¶21

Learned counsel appearing on behalf of respondent No.2Surgyan Singh has no objection if the vehicle is released in favour of the petitioner-Sushil Kumar Sharma, who is the registered owner of the vehicle.

¶22

Learned counsel for the petitioner submits that the vehicle, which is Jeep 'Thar' bearing registration No. RJ-41-UA-2406, was seized by the police on 23.11.2017 since then the vehicle is standing idle in Police Station Pragpura, District Jaipur and is getting deteriorated day by day and its value will be diminished therefore, the vehicle shall be released in his favour.

¶23

In this regard, learned counsel also submits that the registration certificate of the vehicle, which was seized by the police in the name of Mr. Sushil Kumar Sharma is valid from 27.04.2017 to 26.04.2032. The certified copy of the certificate of registration has been produced, which is taken on record.

¶24

Learned Public Prosecutor has opposed the prayer for releasing the vehicle of the petitioner on the ground that the vehicle was involved in killing of two persons for which criminal trial under Section 302 and 201 IPC is pending before the trial Court.

¶25

Heard and perused the material available on record.

¶26

The charge-sheet has been filed and the investigation is

¶27

complete. There is no requirement of the vehicle by the police.

[2024:RJ-JP:52139]

[CRLMP-7835/2018]

(3 of 3)

In view of the above, this criminal miscellaneous petition is allowed and the impugned order passed by Additional District and Sessions Judge No.1, Kotputli District Jaipur dated 28.11.2018 is quashed. Learned Court below is directed to release the vehicle in question i.e. Jeep 'Thar' bearing registration No. RJ-41-UA-2406 seized in FIR No.487/2017 registered at Police Station Pragpura, District Jaipur to the petitioner provided that the petitioner furnishes a 'Supurdginama' of Rs. 9,00,000/- and surety of like amount to the satisfaction of the trial Court along with four cabinet size photographs of the vehicle from four sides. Petitioner shall also furnish an undertaking to Court that he shall not sell, transfer or alienate the vehicle in question without permission of the Court and produce the same before the Court below as and when called upon to do so.

¶32

In view of the above, the miscellaneous petition is allowed.

¶33

Pending application if any stands disposed of.

¶34

(ASHUTOSH KUMAR),J

¶35

TANISHA /203

Sushil Kumar Sharma S/O Shri Babu Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sushil Kumar Sharma S/O Shri Babu Lal Sharma 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

Smt. Any Singhal W/O Shri Sandeep Mangla D/O Shri Satish Singhal, Vs State of Rajasthan

Sunil S/O Shri Satish Mehra Vs State of Rajasthan

Sanwarlal S/O Ramlal Vs State of Rajasthan

Kanhaiya Lal S/O Ramgopal Sharma, Vs State of Rajasthan

Sunita Yogi D/O Shri Kailash Chand Yogi, Vs State of Rajasthan

Blue Solution India Private Limited Vs State of Rajasthan