Prakhar Solanki vs The State Of Madhya Pradesh
2023 Latest Caselaw 7416 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 5192 of 2017 (PRAKHAR SOLANKI Vs THE STATE OF MADHYA PRADESH)

Dated : 08-05-2023 None for appellant.

Mr. A.N. Gupta - Government Advocate for State. Mr. Manish Tiwari - Advocate for Owner-Ansopati Mandal.

Heard on I.A.No.5597/2023, which is an application seeking interim custody of vehicle Pulsar Motorcycle bearing registration Number ( as per

paragraph-3) MP-05-MW-6058. The owner has produced the copy of registration according to which, motor-cycle No. MP-04-MW-6058 Engine No. DJGBTD19237 and Chassis No. MD2DHDJZZTCD84436 belongs to Ansopati Mandal.

As per the owner,the said vehicle has been seized in ST No. 52/15 and as per details of case, Motor-cycle No. MP-48-ME-7886 has been seized from the accused person. The number has been fabricated by the accused for committing the offence. An earlier application moved by the applicant/owner was dismissed vide order dated 08-12-2020 and the earlier

application was IA No. 11903/2020.

The State opposed the application on the ground that the said vehicle was used in the commission of offence.

We have heard the parties and perused the record. The earlier application IA No. 11903/20 was filed on 23-10-2020 for the custody of motor-cycle MP-04-MW-6058 was rejected by Hon'ble Division Bench of this Court. For the reasons that as per seizue Ex. P/7,

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 5/12/2023 10:48:19 AM

the registration number of the motor-cycle did not match. Later on the applicant/owner have submitted and the State has verified that the motor- cycle No. MP-04-MW-6058 Engine No. DJGBTD19237 and Chassis No. MD2DHDJZZTCD84436 belongs to Ansopati Mandal as per RTO Bhopal Letter No. 18641/19 Bhopal dated 11-12-2019.

For disposal of this application, we may fruitfully refer to the judgment of the learned trial Court dated 17-01-2017. In the said judgment, the motor-cycle used in the commission of offence as per paragraph-52 of the judgment was MP-48/7886 which was seized from the appellant/accused Randhir Biswas as per seizure memo Ex. P/7 but, in the said judgment in paragraph-53, the learned trial court has mentioned that

the said motor-cycle is MP-48-ME-7886. In the seizure memo Ex.P/7, Motor-cycle is No. MP-48-ME-7886 Engine No. DJGBTJ03882 and Chassis No. MD2DHDJZZTCJ57712. Hence, there is difference of motor- cycle registration number as well as Engine number and Chassis number in the application of the applicant/owner as well as the trial court record as per seizure memo Ex. P/7.

Since, there is difference of registration number of the motor-cycle and engine and chassis number as per seizure memo (Ex. P/7) and report of the RTO, it is necessary that the prosecution/State be directed to get the trace from the original vehicle of the engine and chassis number from the body of the motor-cycle and after receiving the clear tracing of the engine and chassis number of the seized motor-cycle, the court will be in a better position to ascertain the matter of ownership/supurdginama.

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 5/12/2023 10:48:19 AM

Accordingly, we direct the State to get the relevant tracing of the Engine and Chassis number of the vehicle and submit the same before this court on or before the next date of hearing.

List this matter on 2nd week of July, 2023.

                               (SUJOY PAUL)                         (AVANINDRA KUMAR SINGH)
                                  JUDGE                                      JUDGE

                          PG




Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 5/12/2023
10:48:19 AM