Gujarat High Court
Thakor Prakashji Govindji vs State Of Gujarat on 5 December, 2023
NEUTRAL CITATION
R/SCR.A/15628/2023 ORDER DATED: 05/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (POSSESSION OF MUDDAMAL)
NO. 15628 of 2023
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THAKOR PRAKASHJI GOVINDJI
Versus
STATE OF GUJARAT
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Appearance:
MR S D MOGHARIYA(11273) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 05/12/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule for the
respondent-State.
2. Heard the learned advocates for the respective parties.
3. This petition is filed by the petitioner seeking following reliefs:
"8(A). Your Lordship may be pleased to admit and allow this
present petitiona nd be pleased to quash and set aside the order
dated 25.09.2023 passed by the learned Add. Chief Judicial
Magistrate Vinchhiya in the mudamal application filed by the
petitioner for getting possession of said mudamal Maruti Suzuki
India Ltd Ertiga Registration No.GJ-18-BT-8763.
(B) Your Lordship may be pleased to quash and set aside the
judgment and order dated 01.11.2023 passed by learned
Additional Sessions Judge, at Rajkot in Criminal Revision
NEUTRAL CITATION
R/SCR.A/15628/2023 ORDER DATED: 05/12/2023
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Application No.217 of 2023.
(C) Your Lordship may be pleased to direction to handover
possession of said Maruti Suzuki India Ltd Ertiga Registration
No.GJ-18-BT-8763 to present petitioner till pending trial before
the learned Additional Sessions Court at Rajkot.
(D) Your Lordship may be pleased to grant such other and
further relief(s) that may be deemed fit and proper in the facts
and circumstances of the case."
2. It appears from the record that earlier the petitioner has filed
the applications before the learned trial Court and before the learned
Revisional Court and both the applications have been rejected by the
Courts below on the ground that no claim pursis was given stating
that if the vehicle is handed over to the original owner, the accused do
not have any objection. However, on going through the record, it
appears that claim pursis was given on 22th September, 2023 in
presence of the Jailer, Gondal Sub-Jail which has been produced at
Annexure-E to the present petition.
3. In view of the above, t he learned Trial Court / authority
concerned is directed to release the vehicle of the petitioner
being Maruti Suzuki Ertiga bearing RTO registration No.GJ-18-
BT-8763 on the terms and conditions that the petitioner:
(i) The petitioner shall provide a solvent surety valued
at 1.5 times the muddamal vehicle, subject to the
satisfaction of the learned trial Court..
(ii) shall file undertaking before the learned Trial Court
that he shall not transfer / change the identity, color
NEUTRAL CITATION
R/SCR.A/15628/2023 ORDER DATED: 05/12/2023
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etc. of the vehicle till final disposal of the trial.
(iii) shall produce the vehicle as and when directed by
the learned Trial Court.
(iv) in the event of any subsequent offence, the vehicle
shall stand confiscated.
9. Before release of the vehicle, concerned police authority
shall take photographs / identity of the vehicle from all sides at
the cost of the petitioner and shall draw necessary panchanama
to that effect. Said panchanama and photographs shall be part
of charge sheet papers for the purpose of trial.
10. Copy of this order be send to concerned RTO, where the
vehicle is registered, for necessary entry in the Register and to
take notice that this Court has restrained transfer of vehicle till
final disposal of the trial. Such transfer shall be subject to any
order that may be passed by the learned Trial Court permitting
transfer of vehicle.
11. Rule is made absolute accordingly. Direct service is
permitted.
(HASMUKH D. SUTHAR,J)
ALI
