Antodya Vashistha vs State Of Rajasthan
2021 Latest Caselaw 9989 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Misc(Pet.) No. 2960/2021

Antodya Vashistha S/o Shri Chandra Prakash Sharma, Aged
About 40 Years, Resident Of Senior Higher Secondary School,
Near Vivekanand Circle, Tonk.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent


For Petitioner(s)        :     Mr. Shokat Ali on VC
For Respondent(s)        :     Mr. Gaurav Singh on VC



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

02/07/2021

     In the wake of second surge in the COVID-19 cases, the

Court is functioning virtually and abundant caution is being

maintained for the safety of all concerned.

     The petitioner has preferred this criminal misc. petition

praying that the order dated 22.02.2021 & 29.05.2017 passed by

learned Judicial Magistrate, Jahajpur, District Bhilwara in Criminal

Case No.240/2016 be set aside, whereby the said Court refused to

release the Jeep bearing registration No.RJ-26-CA-0573 to the

petitioner.

     Learned counsel for the petitioner submits that there is no

dispute regarding ownership of the vehicle in question and

complainant has given the necessary NOC and the investigation is

also complete.

     The learned counsel for the petitioner has relied upon

Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10

                    (Downloaded on 02/07/2021 at 08:39:40 PM)
                                                                         (2 of 2)                   [CRLMP-2960/2021]



                                   SCC 283, to contend that the Supreme court has held that the

                                   vehicle should not be permitted to remain parked in the police

                                   station as same shall gather rust and shall not remain useful.

                                         Learned Public Prosecutor is not in a position to refute the

                                   above position.

                                         Relying upon the judgment of the Supreme Court in the case

                                   of Sunderbhai Ambalal Desai (supra), the present misc. petition is

                                   allowed and the trial court is directed to release the Jeep bearing

                                   registration No.RJ-26-CA-0573 on supardaginama in favour of

                                   petitioner on usual conditions, which              the trial court deems fit,

                                   provided he furnishes a bank guarantee of Rs.5,00,000/- with the

                                   trial court.

                                         Needless to say, trial court shall make verification that the

                                   petitioner is a registered owner of the vehicle.



                                                                (DR. PUSHPENDRA SINGH BHATI),J.

69-Sudheer/-

Powered by TCPDF (www.tcpdf.org)