Madhya Pradesh High Court
Shanu Hussain vs The State Of Madhya Pradesh on 25 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:23481
1 CRR-1739-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 25th OF AUGUST, 2025
CRIMINAL REVISION No. 1739 of 2025
SHANU HUSSAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Dr. Khuzema Kapadia - Advocate for the petitioner.
Shri Rajesh Joshi appearing on behalf of Advocate General.
Shri Nilesh Patel, learned counsel for the respondent [R-2].
ORDER
This revision petition is filed under section 438 r/w 442 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 against the order dated 17.02.2025
passed by the First Additional Sessions Judge, Jhabua in connection with
FIR No.324/2024 registered at Police Station Raipuriya, District Jhabua
whereby, the applications for interim custody of vehicle registered in the
name of petitioner i.e. Mahindra Xylo bearing Registration No.MP-44-
BC0811 is rejected by the trial court on the ground that revision petitioner is
not the owner of the vehicle.
2. Counsel for the petitioner submits that the aforesaid vehicle was
registered in the name of petitioner, but only prior to the date of incident, the
petitioner has executed an agreement to sell the vehicle with respondent
no.2/Saif Ali, but till date the petitioner is the only registered owner of the
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vehicle. In compliance of Earlier order of this Court, respondent
no.2/purchaser of the vehicle is impleaded in the petition in the array of
respondent and he is represent through his counsel Shri Patel and he
expressed No Objection for giving the vehicle in the interim custody of
revision petitioner. The revision petitioner has relied upon the judgment
passed by the Apex Court in case of Sunderbhai Ambalal Desai Vs. State
of Gujarat (2002) 10 SCC 283 in which it is held that "the articles seized in
any criminal case are not to be kept for long time at Police Station and in any
case for not more than 15 days to one month and the owner of the article
should not suffer because of its remaining unused or misappropriated at
Police Station. Undisputedly, the condition of the vehicle is deteriorating
day-by-day, as the same is lying open to sky and under the heat of sun and
rains. The vehicle is loosing its value day-by-day due to lack of maintenance,
natural wear and tear and passing of time."
3. Learned counsel for the respondent/Sate opposed the prayer of the
revision petitioner.
Heard.
4. Having heard learned counsel for the parties and taking into
consideration the facts and circumstances of the case, I am of the view that it
is a fit case to release the aforementioned vehicles.
5. Accordingly, the present petition is allowed and the impugned order
dated 17.02.2025 passed by the First Additional Sessions Judge, Jhabua in
connection with FIR No.324/2024 registered at Police Station Raipuriya,
District Jhabua is hereby set aside.It is directed that the vehicle of the
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petitioner i.e. Mahindra Xylo bearing Registration No.MP-44-BC-0811
(Model of 2013) be released subject to the following conditions:-
1) The petitioner will furnish security of a
sum of Rs.5,00,000/- (five Lacs) to the
satisfaction of the trial Court.
2) The petitioner will also furnish an
undertaking before the trial Court that he will
not change the nature or colour of the vehicle
nor he will transfer or alienate it pending the
trial.
3) The petitioner will furnish an undertaking
that he will produce the offending vehicle in
question as and when required during the
trial.
4) The photographs of size 18"x12" of the
vehicle from all sides and also containing the
Registration Number, Engine Number and
Chassis Number will be taken at the expense
of the petitioner in the presence of the
authorized person from the Court and will be
kept in the file of the case.
6. It is made clear that this order shall not come in the way of District
Magistrate/ Additional Collector, if any proceeding for confiscation is
initiated in accordance with law.
7. With the aforesaid, the revision petition stands disposed off.
Certified copy, as per rules.
(GAJENDRA SINGH)
JUDGE
amit
