Reeta Devi vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 202 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                   CRMMO No. 359 of 2020




                                                                       .
                                                   Decided on: 05.01.2021.





      Reeta Devi                                                   ....Petitioner.

                    Versus





      State of Himachal Pradesh and others                         ...Respondents.
      Coram
      The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
      Whether approved for reporting?1 No





      For the petitioner    :    Mr. Mukul Sood, Advocate.

      For the respondents          :       M/s Somesh Raj, Dinesh Thakur
                                           and Sanjeev Sood, Additional
                                           Advocate Generals with Ms. Divya
                    r                      Sood, Deputy Advocate General.

                                           (Through Video Conference)
      Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has prayed for

the following relief:-

"It is, therefore, respectfully prayed that this

petition may kindly be allowed and for issuance of the

appropriate directions to the respondent to release the

Vehicle in question of the petitioner in the interest of

law, justice, equity, & fair play and such further order

which this Hon'ble Court may deems fit and proper, in

the facts and circumstances of the present case may

kindly be passed in favour of the petitioner in the

interest of law and justice."

1 Whether reporters of the local papers may be allowed to see the judgment?

2. Brief facts necessary for the adjudication of the

present petition are that according to the petitioner, she is the

.

registered owner of vehicle Max Pickup bearing registration No.

HP-36A-7276, which was purportedly impounded by the Police

authorities, Dehra, from the son of the petitioner, on the

allegations of transportation of 'Khair' wood in the same without

any valid permit in FIR No. 150, registered under Section 41 and

42 of the Indian Forest Act and Section 379 read with Section 34 of

the Indian Penal Code at Police Station, Dehra, District Kangra,

H.P.

3. For the purpose of release of said vehicle, an

application was filed by the petitioner in the Court of learned

Additional Chief Judicial Magistrate, Dehra, District Kangra, HP,

copy of which is appended with the petition as Annexure P-2. This

application was disposed of by the learned Court below vide order

dated 30.10.2020, vide which, the vehicle was ordered to be

released in favour of the petitioner subject to the conditions

imposed in the said order. There is also on record a copy of the

release order so passed by the learned Court below, which is

appended with the petition as Annexure P-5.

4. The grievance of the petitioner is that thereafter she

approached the authorities concerned vide Annexure P-6 for

release of the vehicle, however, the same, till date has not been

released in her favour. It is in this background that the present

petition has been filed by the petitioner under Article 227 of the

Constitution of India read with Section 482 of the Code of Criminal

Procedure praying for appropriate directions to the authorities

.

concerned to release the vehicle of the petitioner in terms of the

order passed by the learned Court below.

5. Having heard learned Counsel for the petitioner and

having perused the documents appended with the petition, in my

considered view, as it is the order passed by the Court of learned

Additional Chief Judicial Magistrate, Dehra, which as per the

petitioner has not been implemented by the authorities concerned,

the appropriate course for the petitioner is to approach the said

Court to seek appropriate directions in this regard, and as of now,

filing of present petition in this Court, is premature.

6. Accordingly, this petition is disposed of with liberty to

the petitioner to approach the Court of learned Additional Chief

Judicial Magistrate, Dehra, afresh for seeking appropriate

directions for the purpose of implementation of order dated

30.10.2020. This of course will be subject to legal rights of the

respondent(s).

The petition stands disposed of in above terms, so also

pending miscellaneous application(s), if any.

                                                         (Ajay Mohan Goel)
    January 05, 2021                                             Judge
         (narender)