Ajay Througgh Vikram S/O Chandar ... vs State Of M.P.
2022 Latest Caselaw 5433 MP

                                  1



       IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                              BEFORE
                 HON'BLE SHRI JUSTICE VIVEK RUSIA

                     ON THE 13th OF APRIL, 2022

            MISC. CRIMINAL CASE No. 33570 of 2021

     Between:-
     AJAY S/O BHERULAL BANJARA, AGED ABOUT 35
     YEARS, R/O NAVADA, TEHSIL- NAGDA, DISTRICT
     UJJAIN THROUGGH VIKRAM S/O CHANDAR
     BANJARA AGED ABOUT 26 YEARS, R/O NAVADA
     TEHHSIL NAGDA UJJAIN/ (MADHYA PRADESH)
                                                    .....APPLICANT


     AND

   STATE OF M.P. DISTRICT MAGISTRATE MANDSAUR
1.
   (MADHYA PRADESH)
   P.S. GAROTH DISTT. MANDSAUR (MADHYA
2.
   PRADESH)
                                                  .....RESPONDENTS
        Shri Umesh Sharma, learned counsel for the Petitioner .
       Shri Kamal Kumar Tiwari, learned Government Advocate for
the respondent/State.
                            ORDER

The applicant has preferred present petition under Section 482 of Cr.P.C. against the order dated 03.03.2021 whereby an application under Section 457 of Cr.P.C. has been dismissed. Against which, applicant has preferred Criminal

Revision No.401/2021, which has too been dismissed vide order dated 27.03.2021.

Facts of the case in short are as under:

On 13.02.2021 near about 08:30, Police Station Boliya found Bolero Pickup in which 08 cattle were loaded in cruel manner. One person was arrested, who was found transporting the aforesaid cattle illegally. On enquiry, it was found that the vehicle was driven by Vikram S/o Chandar Banjara and registration No. was found as MP-13-JB-1823. Accordingly, police has registered FIR at crime 86/2021 for the offence punishable under Section 4, 6,9 of M.P. Govansh Pratishedh Adhiniyam, Section 4,6, 10 of M.P. Krishi Upyogi Sanrakshan Adhiniyam and Section 11 (1) (G) of Prevention of Cruelty to Animals Act.

Present applicant being owner of the aforesaid vehicle has filed an application before the Magistrate seeking temporary release of the vehicle. Vide order dated 03.03.2021, the JMFC has dismissed the application. Thereafter, he preferred a Criminal Revision No.401/2021 and same has been dismissed on the ground the confiscation proceedings are pending before the Collector, hence, vehicle cannot be released.

Learned counsel for the applicant submits that applicant is not accused in the aforesaid case. As on today, the trial has

not been concluded, this Court in catena of decision has held that the Magistrate is competent to release the vehicle on Supurdginama during pendency of the trial, even if the confiscation proceedings are pending. In support of his submission, he has placed reliance over the order passed by the Coordinate Bench of this Court in case of Farookh Kha S/o Khaju Kha Vs. State of M.P. ( M.Cr.C. No.46491/2021 decided on 27.09.2021) and Raees Vs. State of M.P. 2013 (5) MPHT 233.

Learned Government Advocate submits that the applicant has produced sale of agreement of the aforesaid vehicle executed on 22.01.2021 by which he has already sold the vehicle to Vikram. Copy of agreement is available on record and according to which possession has been handed over and exclusive right to use the vehicle has been given and purchaser would be responsible for all claims and incident etc. On the basis of the aforesaid agreement, the present applicant has not been made accused in this case, therefore, he has no right to get the vehicle released. As per agreement dated 22.01.2021, the applicant has already sold the vehicle to accused Vikram and thereafter, this vehicle was found involved in transportation of cattle for slaughter purpose on 13.02.2021 and on the basis of this agreement, the accused Vikram Singh has been made accused in this case, therefore, only accused Vikram Singh has

right to get the vehicle released.

We have heard learned counsel for the parties and perused the record.

On the basis of agreement of sale, the applicant has been saved from prosecution, therefore, he cannot get the vehicle released being owner of the vehicle. Hence, petition is dismissed, however, if accused Vikram file an application to get the vehicle released same shall be considered in accordance with law and law laid down by the Apex Court in catena of judgments.

Petition is dismissed.

Certified Copy as per Rules.

(VIVEK RUSIA) JUDGE praveen/-

Digitally signed by PRAVEEN NAYAK Date: 2022.04.19 10:11:42 +05'30'