Citation : 2021 Latest Caselaw 5916 MP
Judgement Date : 23 September, 2021
1 WP-18204-2021
The High Court Of Madhya Pradesh
WP-18204-2021
(MANOJ KUMAR PANDEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)
2
Jabalpur, Dated : 23-09-2021
Shri Chandrahas Dubey, Advocate for the petitioner.
Shri Rakesh Singh, PL for the respondents/State, on advance copy.
Office has raised a preliminary objection regarding maintainability of the petition. However, learned counsel for the petitioner has relied on judgment of this Court in Prakash Rai vs. State of M.P. and others reported in MPHT 2006 (4)
295 wherein in similar circumstances writ petition was entertained after the revision filed by the petitioner was dismissed by IVth Addl.Sessions Judge, Chhatarpur.
Considering the aforesaid, the office objection is over ruled. Let notices be issued to the respondents on payment of process fee within a week by ordinary as well as RAD mode, returnable within three weeks.
It is submitted by learned counsel for the petitioner that the vehicle is still in possession of the petitioner. However, learned PL has pointed out from para 3 of the impugned order passed in Criminal Revision No.65/2021 that order for confiscation of this vehicle has been issued on 20.08.2020 and nearly an year has been passed after that.
Under the circumstances, learned PL is also directed to seek instructions as to whether the vehicle has been seized pursuant to order dated 20.08.2020 or not.
List the petition in the week commencing 20.10.2021.
(NANDITA DUBEY) JUDGE
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Signature Not Verified SAN
Digitally signed by JITIN KUMAR CHOURASIA Date: 2021.09.24 13:55:03 IST
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