Shravan Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5120 MP

     High Court of Madhya Pradhesh; Bench At Indore

                           CRR No.1615/2021
                         (Shravan Vs. State of MP )                  1


INDORE; DATED - 07/09/2021
        Shri A.K Saraswat, learned counsel for the applicant.
        Smt. Gagneet Sethi, learned counsel for the respondent/State.

With the consent, heard finally.

This revision petition filed under section 397 read with section 401 of the Cr.P.C is directed against the order of Special Judge, Barwani dated 21.06.2021, whereby the application preferred by the applicant/accused under section 451 and 457 of the Cr.P.C for "Superadagi" is turned down by the Court below by holding that the vehicle in question is subject matter of adjudication and such a vehicle which is important evidence cannot be handed over in "Superadagi".

2. Learned counsel for the applicant submits that as per prosecution story, the real vehicle number is RJ-46-CA-2404 "Maruti Suzuki Vitara Brezza''. The applicant is the registered owner of this vehicle. Registration Card of said vehicle was found inside the vehicle. However, a different number plate was affixed in the vehicle i.e. MH- 20-EY-0340. Learned counsel for the petitioner submits that a per finding of Court below itself it is clear that the applicant is the owner of the vehicle and the documents were found in the name of the applicant. Merely because a wrong number plate was affixed, it cannot be a ground to deny Superadagi of the vehicle. Reliance is placed on the judgment of Co-ordinate Court of this bench in CRR No.2971/2019 (Manoj Kumar Pandey Vs. State of MP).

3. The prayer is opposed by the learned counsel for the respondent/State.

4. The Apex Court in AIR 2003 SC 638 (Sunderbhai Ambalal Desai Vs. State of Gujarat) and opined as under :-

"With regard to valuable articles, such as golden or sliver ornaments or articles studded with precious stones, it is submitted that it is of no use to keep such articles in High Court of Madhya Pradhesh; Bench At Indore

CRR No.1615/2021

police custody for years till the trial is over. In our view, this submission requires to be accepted. In such cases, Magistrate should pass appropriate orders as contemplated under Section 451 Cr.P.C. at the earliest. For this purposes, if material on record indicates that such articles belong to the complainant at whose house theft, robbery or dacoity has taken place, then seized articles be handed over to the complainant after:-

(1) preparing detailed proper panchanama of such articles: (2) taking photographs of such articles and a bond that such articles would be produced if required at the time of trial; and (3) after taking proper security.

For this purpose, the Court may follow the procedure of recording such evidence, as it thinks necessary, as provided under Section 451 Cr.P.C. The bond and security should be taken so as to prevent the evidence being lost, altered or destroyed. The Court should see that photographs or such articles are attested or countersigned by the complainant, accused as well as by the person to whom the custody is handed over. Still however, it would be the function of the Court under Section 451 Cr.P.C. to impose any other appropriate condition."

(emphasis supplied)

5. After following ratio decidendi of the judgment of Sunderbhai (supra), the co-ordinate bench opined that in the case of this nature, the vehicle can be given in Superadagi.

6. Considering the aforesaid, in the opinion of this court, the Court below has rejected the application of the applicant on hyper technical ground.

7. Resultantly, the impugned order is set aside.

8. It is directed that the seized vehicle bearing registration no. RJ- 46-CA-2404 be released on interim custody to the applicant on furnishing personal bond of Rs.12,00,000/- (Rs.Twelve Lakhs) with one solvent surety to the like amount to the satisfaction of the Special Court on the following directions:-

1. The vehicle shall be produced before the Court or District Magistrate as and when directed.

High Court of Madhya Pradhesh; Bench At Indore

CRR No.1615/2021

2. The applicant shall not alienate the possession of the vehicle during the pendency of the proceedings before the Special Court.

3. External appearance of vehicle shall not be altered in any manner so as to make it difficult to identify.

7. With the aforesaid, the present CRR stands disposed off.

(Sujoy Paul) Judge sourabh Digitally signed by SOURABH YADAV Date: 2021.09.08 16:57:44 +05'30'