Mandeep Kumar @ Manna vs State Of Punjab And Another
2023 Latest Caselaw 3599 P&H

                        CRR-2922-2022 (O&M)                    -1-             2023:PHHC:049464

                          IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                        237
                                                               CRR-2922-2022 (O&M)

                                                               Date of Decision: 11.04.2023

                        Mandeep Kumar @ Manna
                                                                                    .... Petitioner


                                                  Versus

                        State of Punjab and another
                                                                                    .... Respondents

                        CORAM: HON'BLE MR. JUSTICE ASHOK KUMAR VERMA

                        Present: -    Mr. R.P. Dhir, Advocate for the petitioner.

                                      Mr. J.P. Ratra, Sr. DAG, Punjab with
                                      Mr. G.S. Sandhu, DAG, Punjab.

                                      Mr. Vishal Thakur, Advocate for respondent No. 2.

                        ASHOK KUMAR VERMA, J. (ORAL)

CRM-14427-2023

Application is allowed as prayed for.

Copies of receipt dated 03.02.2023 and order dated

03.02.2023 passed by the learned Judicial Magistrate Ist Class,

Hoshiarpur, are taken on record as Annexures P-3 and P-4, respectively.

CRR-2922-2022

The petitioner has filed the present revision for setting aside

the impugned order dated 16.12.2022 passed by learned Sessions Judge,

Hoshiarpur, whereby the revision filed by respondent No. 2 against the

order dated 31.10.2022, rendered by the learned Judicial Magistrate Ist

Class, Hoshiarpur, allowing the application for release of motorcycle

bearing registration No. PB-07-S-2490 on Superdari filed by the

RISHU KATARIA 2023.04.15 11:04 I attest to the accuracy and authenticity of this order/judgment CRR-2922-2022 (O&M) -2- 2023:PHHC:049464

petitioner, was allowed.

Briefly, the petitioner filed an application dated 09.09.2022

before the trial Court in case FIR No. 135 dated 22.08.2022, registered

under Sections 420, 465, 468, 471 and 411 IPC at Police Station

Bullowal, Hoshiarpur, for the release of motorcycle bearing registration

No. PB-07-S-2490 on Superdari. Similar application dated 19.09.2022,

was also filed by respondent No. 2 for release of aforesaid motorcycle on

Superdari in his favour. After hearing learned counsel for the parties, the

trial Court vide order dated 31.10.2022, allowed the application filed by

the petitioner and released the aforesaid motorcycle in his favour, subject

to furnishing of surety bonds of Rs.2.00 lakhs with one surety in the like

amount along with certain other conditions, whereas the application filed

by respondent No. 2 was dismissed.

Aggrieved there-against, respondent No. 2 assailed the said

order by filing a revision before the learned Sessions Judge, Hoshisarpur,

which was allowed vide impugned order dated 16.12.2022 reversing the

findings of the trial Court observing that though respondent No. 2 was not

the registered owner of the motorcycle in question, but was entitled to be

in possession of the same as the same was given by him to his daughter in

her marriage as istri dhan.

Being aggrieved, the petitioner has preferred the present

revision petition.

Vide order dated 23.12.2022, passed by a co-ordinate Bench

of this Court, the petitioner was allowed to retain the possession of

motorcycle in question, subject to deposit of an amount of Rs.50,000/- as

security.

RISHU KATARIA 2023.04.15 11:04 I attest to the accuracy and authenticity of this order/judgment CRR-2922-2022 (O&M) -3- 2023:PHHC:049464

Pursuant to the aforesaid order, the petitioner had deposited

the amount of Rs.50,000/- as security vide receipt dated 03.02.2023

(Annexure P-3).

Since, the possession of motorcycle in question is already

with the petitioner in terms of order dated 31.10.2022 passed by the trial

Court and the order dated 23.12.2022, passed by a co-ordinate Bench of

this Court also stood complied with, the instant revision is allowed. The

impugned order dated 16.12.2022 passed by learned Sessions Judge,

Hoshiarpur, is hereby set aside and the petitioner is allowed to retain the

possession of the motorcycle in question, subject to the outcome of trial.

                        11.04.2023                                  (ASHOK KUMAR VERMA)
                        rishu                                              JUDGE


                                      Whether speaking/reasoned            Yes/No

                                      Whether Reportable                   Yes/No




RISHU KATARIA
2023.04.15 11:04
I attest to the accuracy and
authenticity of this order/judgment