Alpeshbhai Arjanbhai Solanki vs State Of Gujarat

Gujarat High Court

Alpeshbhai Arjanbhai Solanki vs State Of Gujarat on 11 November, 2025

                                                                                                           NEUTRAL CITATION




                          R/SCR.A/14627/2025                                JUDGMENT DATED: 11/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
                                              NO. 14627 of 2025

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                                                 ALPESHBHAI ARJANBHAI SOLANKI
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR. RISHABH ACHARYA(14611) for the Petitioner(s) No. 1
                       MS. VRUNDA C. SHAH, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                        Date : 11/11/2025

                                                       ORAL JUDGMENT

1. The petitioner has filed this application seeking to invoke extra ordinary jurisdiction to this Court under Articles 226 and 227 of the Constitution of India, mainly supervisory jurisdiction so also inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to release the Muddamal vehicle - XCENT VTVT BSI CAR bearing RTO registration No. GJ-03-JL- 5469 in connection with the FIR No. 11192015250483 of 2025 registered with Changodar Police Station, District - Ahmedabad Rural for the offence punishable under Sections 137(2), 87, 64(2)

(m) and 54 of the Bharatiya Nyaya Sanhita 2023 and Sections 4, 5(1), 6 and 10 of the Protection of Children from Sexual Offences Act, 2012.

2. Heard learned advocate for the petitioner and learned APP on behalf of the Respondent State.

3. Learned Advocate for the Petitioner submits that the vehicle in question belongs to his brother who had expired in the year 2020 Page 1 of 4 Uploaded by J.N. WAGHELA(HC00178) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:01:17 IST 2025 NEUTRAL CITATION R/SCR.A/14627/2025 JUDGMENT DATED: 11/11/2025 undefined because of Covid - 19. The deceased brother, who was the registered owner of the vehicle was not married and the registration certificate has been destroyed. The mother and the other brothers of the Petitioner have no objection if the possession of the muddamal vehicle is given to the present Petitioner, Learned Advocate for the Petitioner has therefore submitted to allow the present Application.

4. It is contended that the vehicle in question is the earning means of the petitioner and at present the said vehicle is lying in Police Station in abandoned condition.

5. Per contra, learned APP for the Respondent - State has vehemently argued that if the said muddamal vehicle is released, in that case there are all chances of committing the same offence in future. He submitted that the learned Trial Court has rightly disallowed the muddamal application.

6. Heard learned Advocates for the parties and perused the record.

As per the case of the prosecution, the vehicle in question had been used for commission of the offence in question as the prosecutrix as well as the other co-accused had travelled in the said vehicle. Admittedly the present Petitioner is not arraigned as an accused in the said offence.

7. Having regard to the fact that the registered owner of the vehicle in question happens to be the brother of the Petitioner, who has expired in the year 2020 and the other family members have no objection if the possession of the vehicle is handed over to the present Petitioner, the present Application deserves consideration and hence the same is hereby allowed.

NEUTRAL CITATION R/SCR.A/14627/2025 JUDGMENT DATED: 11/11/2025 undefined

8. The authority concerned is directed to release the vehicle of petitioner i.e. Muddamal vehicle - XCENT VTVT BSI CAR bearing RTO registration No. GJ-03-JL-5469 in connection with the FIR No. 11192015250483 of 2025 registered with Changodar Police Station, District - Ahmedabad Rural for the offence punishable under Sections 137(2), 87, 64(2)(m) and 54 of the Bharatiya Nyaya Sanhita 2023 and Sections 4, 5(1), 6 and 10 of the Protection of Children from Sexual Offences Act, 2012 in the terms and conditions that the petitioner:

(i) Shall furnish, by way of security, bond as per valued cited in Panchnama or seizure memo and solvent surety of the equivalent amount;

(ii) Shall file an undertaking before the trial Court that prior to alienation or transfer in any mode or manner, prior permission of the concerned Court shall be taken till conclusion of the trial,

(iii) Shall also file an undertaking to produce the vehicle as an when directed by the trial Court;

(iv) If the I.O. finds use of vehicle in such illegal activity by the present petitioner then this order shall stand cancel and the vehicle will be seized.

9. Before handing over the possession of the vehicle to the petitioner, necessary photographs shall be taken and a detailed Panchnama in that regard, if not already drawn, shall also be drawn for the purpose of trial.

10. If, the I.O. finds it necessary, VIDEOGRAPHY of the vehicle also shall be done. Expenses towards the photographs and the videography shall be BORNE by the petitioner.

NEUTRAL CITATION R/SCR.A/14627/2025 JUDGMENT DATED: 11/11/2025 undefined

11. This petition is allowed. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 73 Page 4 of 4 Uploaded by J.N. WAGHELA(HC00178) on Thu Nov 13 2025 Downloaded on : Thu Nov 13 23:01:17 IST 2025