Dr. Vandana Kapse (Ghoghare) vs The State Of Madhya Pradesh
2023 Latest Caselaw 17462 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 18 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 12036 of 2023

                           BETWEEN:-
                           DR. VANDANA KAPSE (GHOGHARE) W/O SHRI
                           BHAGWAT RAO KAPSE, AGED ABOUT 46 YEARS,
                           OCCUPATION: DOCTOR KARODA HOSPITAL LINK
                           ROAD BETUL (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI RAHUL K. TRIPATHI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI BETUL (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI C.P.SINGH PARMAR - GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

Petitioner has filed this petition under Section 482 of Cr.P.C challenging

order dated 05.11.2022 passed by Chief Judicial Magistrate First Class Betul and order dated 15.02.2023 passed by Sessions Judge, Betul, by which her application for release of sonography machine on supurdginama was dismissed.

2. Counsel appearing for petitioner submitted that she is owner of machine in question and tax invoice has been filed. It is further submitted that petitioner is a registered medical practitioner and is trained to operate in

Signature Not Verified machines and has done MBBS and got diploma of Gynecology and Obstetrics Signed by: NEETI TIWARI Signing time: 20-10-2023 13:52:53

in the year 2003. Permission has also been obtained from C.M.H.O. but same has expired. It is submitted that application has been filed for renewal of license to operate machines and conduct tests. In these circumstances, petitioner may be given sonography machine on supurdginama.

3. Govt. Advocate appearing for State opposed the petition for supurdginama and supported the orders passed by Trial Court and Revisional Court.

4. On going through facts of the case, it is found that petitioner is owner of machine in question and runs the hospital. She is qualified to operate the machine. However, license which has been granted in favour of petitioner, has

been expired.

5. Considering aforesaid facts and circumstances of the case, petition filed by petitioner is allowed. Orders dated 05.11.2022 & 15.02.2023 are quashed. Sonography machine i.e. BPL Company E CUBE-8 LE, which has been seized by Police vide seizure memo dated 10.04.2022 in connection with Crime No.311/2022 registered at Police Station-Kotwali District-Betul be released on supurdginama to petitioner subject to producing the original sale- letter and other necessary documents and also on satisfying the following conditions :-

(i) That, the petitioner shall furnish security equivalent of cost of machine i.e. Rs.12,00,000/- (Rupees Twelve Lacs Only) to the satisfaction of the trial Court on an undertaking to produce the said machine before the trial Court as and when required;

(ii) That, the petitioner shall get the machine photographed. Details such as model number, invoice and other description of identity of machine shall be Signature Not Verified Signed by: NEETI TIWARI Signing time: 20-10-2023 13:52:53

taken in the presence of the responsible Officer, who will be deputed by the trial Court and to be kept in the file of the case.

(iii) That, petitioner will not operate the machine until completion of all legal formalities.

(iv) Petitioner will not tamper with the machine and keep it intact and will not create third party interest over it.

6. Trial Court will take final decision regarding disposal of property/machine at the time of passing of judgment in criminal case.

7. With the aforesaid directions, this M.Cr.C. is allowed and disposed off.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 20-10-2023 13:52:53