Shri Niwas Vs State of Rajasthan and Ors. — Rajasthan HC (2026) — LawSathi Research

Shri Niwas Vs State of Rajasthan and Ors. — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to all parties to file appropriate applications seeking supurdagi of the vehicle, if it has not been released in favour of any claimant and no orders have been passed; stay application and all pending applications also disposed of.

Issue for consideration

Whether the petitioner's application under Sections 451 and 457 Cr.P.C. seeking supurdagi (interim custody) of vehicle trailer No. RJ14-GD-8000 ought to be allowed despite disputed title/ownership claims by three different persons and pendency of investigation.

Court's answer

This Court deemed it just and proper to dispose of the instant petition, granting liberty to all the parties to file appropriate applications seeking supurdagi of the vehicle in question.

Ratio / Principle

The liberty to seek supurdagi is conditional: it applies only in case the vehicle in question has not been released in favour of any of the parties claiming possession over the same and in case no orders have been passed.

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition (S.B. Criminal Miscellaneous (Petition) No.2386/2016), High Court of Judicature for Rajasthan, Jaipur Bench (Justice Anoop Kumar Dhand), decided 05/03/2026. The petitioner challenged the order dated 25.08.2015 passed by the Additional Civil Judge and Judicial Magistrate, Kishangarh, District Ajmer, rejecting his application under Section 451 and 457 Cr.P.C. seeking supurdagi of vehicle trailer bearing No. RJ14-GD-8000. The Trial Court had rejected the application because delivery of the vehicle was claimed by three different persons, ownership over it was disputed, and the investigation was pending before the Investigating Agency. Without deciding the rival ownership claims, this Court disposed of the petition, granting liberty to all parties claiming possession to file fresh applications seeking supurdagi of the vehicle, provided the vehicle has not been released in favour of any party and no orders have been passed. The stay application and all pending applications also stand disposed of.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No.2386/2016

Shri Niwas son of Sh. Chhitar Mal Sharma, resident of Village Rahlana Tehsil Dudu Distt. Jaipur (Rajasthan).

----Petitioner

Versus

State of Rajasthan through P.P.

Sarajan Begum wife of Shahbuddin, resident of Bhind Idgha, Majhela Road, Madanganj Kishangarh, District Ajmer (Rajasthan).

Hanif Mohmmad son of Khaju Khan, resident of Bihind Girls School, Simariyon Ka Mohalla, Naya Shahar, Kishangarh, District Ajmer (Rajasthan).

Indusind Bank through its Manager, near R.K. Community Center, Kishangar, Distt. Ajmer.

----Respondents

For Petitioner(s)	: Nonepresent
For Respondent(s)	: Mr. Vivek Choudhary,PP

JUSTICE ANOOP KUMAR DHAND

Order

05/03/2026

By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 25.08.2015 passed by the Additional Civil Judge and Judicial Magistrate, Kishangarh, District Ajmer, by which the application filed by the petitioner under Section 451 and 457 Cr.P.C. seeking supurdagi of the vehicle trailer bearing No.RJ14-GD-8000 has been rejected on the ground that the delivery of the same has been claimed by three different persons and the ownership of three different persons over the vehicle in question is disputed and looking to the fact that the investigation was pending, hence, considering the

[CRLMP-2386/2016]

(2 of 2)

facts and circumstances of the case, the application submitted by the petitioner has been rejected.

The only reason for passing the impugned order by the Trial Court, wherein the application submitted by the petitioner has been rejected, is that there is a dispute with regard to title/ownership over the vehicle in question, as the matter was lying pending before the Investigating Agency.

This Court deems it just and proper to dispose of the instant petition granting liberty to all the parties to file appropriate application seeking supurdagi of the vehicle in question, in case, the vehicle in question has not been released in favour of any of the parties claiming possession over the same and in case, no orders have been passed.

With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of.

(ANOOP KUMAR DHAND),J

KuD/15