State vs Kok Singh
2024 Latest Caselaw 5265 Raj/2

Rajasthan High Court

State vs Kok Singh on 7 August, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:33576]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Criminal Revision Petition No. 1115/2006

State of Rajasthan through District Transport Officer Bharatpur
(Rajasthan)
                                                                   ----Petitioner
                                    Versus
Kok Singh son of Shri Om Prakash resident of Badai Mohalla,
Roopvas, District Bharatpur
                                                                 ----Respondent

For Petitioner(s) : Mr. Yashwant Kankhedia, PP For Respondent(s) : None Present

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

DATE OF JUDGMENT 07/08/2024

This criminal revision petition has been filed under Section

397 CrPC read with Section 401 CrPC against the judgment dated

25.03.2006 passed by Additional Civil Judge (JD) and Chief

Judicial Magistrate No. 1, Bharatpur in criminal case No. 93/2002,

by which the trial Court giving benefit of doubt acquitted the

accused respondent from the charges levelled against him for the

offence punishable under Section 130/177, 56/192, 146/196,

66/192, 3/181, 190(2), 113/194, 184 of the Motor Vehicles Act

and Section 4 and 4(B)II of the Rajasthan Motor Vehicles Tax Act.

Learned Public Prosecutor submits that the judgment of the

trial Court is liable to be quashed and set aside because the trial

Court ignored the fact that accused respondent had not deposited

the tax. On account of non-deposition of the tax, the alleged

vehicle was seized. Learned Public Prosecutor also submits that

[2024:RJ-JP:33576] (2 of 2) [CRLR-1115/2006]

the receipt produced by the accused respondent was a forged

document and which was obtained fraudulently by affixing the

number plate of seized truck on another truck but the trial court

had not considered these facts. So, judgment dated 25.03.2006

passed by the trial Court be set aside and the accused respondent

be convicted for the alleged offences.

I have considered the arguments advanced by learned

Public Prosecutor and perused the impugned judgment.

Trial Court while acquitting the accused respondent

elaborately discussed the evidence led by the petitioner

(Prosecution Side). It is an admitted position that the alleged

vehicle possessed the golden token. Mr. Sanjay Sharma, in his

statement admitted the fact that golden token was issued to the

alleged vehicle. The trial Court noted the fact that golden token

was issued after verification of the fact that tax was paid. So, in

my considered opinion, trial Court has not committed any error in

acquitting the accused respondent.

So, the present revision petition filed by the petitioner being

bereft of merit, is liable to be dismissed, which stands dismissed

accordingly.

(NARENDRA SINGH DHADDHA),J

Tahir/25

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