Citation : 2022 Latest Caselaw 11 Raj/2
Judgement Date : 3 January, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4831/2021
Sitaram S/o Prithviraj, Aged About 33 Years, Resident Of Village
Baniya, P.s. Jasrasar, Tehsil Nokha District Bikaner.
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Deepak Bishnoi For Respondent(s) : Mr. F.R. Meena, PP Mr. Zakir Hussain, Addl. G.C.
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/01/2022
By way of filing of the instant miscellaneous petition,
challenge has been made to the order dated 10.03.2021 passed
by the learned Additional Chief Judicial Magistrate, Jhalarapatan,
District Jhalawar in FIR Nos. 89/2021 registered at Police Station
Jhalarapatan, District Jhalawar whereby the prayer made by the
petitioner under Section 451 Cr.P.C. for releasing the vehicle in
question bearing registration No. RJ50GA0795, has been declined.
Learned counsel for the petitioner submits that he is the
owner of the vehicle in question which has been seized by the
Police Officers. He submits that the petitioner being the owner of
the vehicle in question, is the person best entitled to get back the
possession of the seized vehicle. There is no other person claiming
supurdagi of the same.
(2 of 2) [CRLMP-4831/2021]
Learned Public Prosecutor opposed the criminal
miscellaneous petition.
In view of the judgment passed by the co-ordinate bench of
this Court in SB Criminal Miscellaneous (Petition) No. 1161/2020
Jitendra Meena v. State of Rajasthan and Anr. with other
connected matters, the petition is allowed and this Court deems it
just and appropriate to release the vehicle in favour of the
petitioner provided he furnishes a Supurdaginama of Rs.
5,00,000/- and surety of like amount to the satisfaction of the
Magistrate concerned.
(FARJAND ALI),J
SAHIL SONI /38
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