Rajasthan High Court
Dinesh Giri S/O Sh. Om Giri vs State Of Rajasthan (2024:Rj-Jp:6459) on 7 February, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:6459]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7039/2023
Dinesh Giri S/o Sh. Om Giri, Aged About 45 Years, R/o Swamiyo
Ka Baas, Rai Ka Bagh Road, Khangta, Jodhpur Power Of Attorney
Holder Of Azad Road Lines Through Partner Manindra Singh S/o
Prem Singh And Gurjant Singh S/o Milkha Singh, R/o Ward No.
11 Guru Nanag Colony, Banur, Tehsil And District S.a.s Nagar,
Mohali, Punjab.
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Pankaj Gupta
For Respondent(s) : Mr. M.K. Sheoran, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
07/02/2024
By way of instant miscellaneous petition under Section 482
Cr.P,C., challenge has been made to the order dated 21.08.2023
passed by learned Addl. District and Session Judge No.4, Jaipur,
District Jaipur (hereinafter referred to as the 'learned revisional
court' for brevity) in Criminal Revision Case No.9/2023 (36/2023),
NCV No.36/2023 whereby the learned revisional court has
dismissed the revision, preferred by the petitioner against the
order dated 31.07.2023 passed by learned Chief Judicial
Magistrate, Jaipur in connection with FIR No. 149/2023 registered
at PS Chandwaji, Jaipur, dismissing the application under Section
457 CrPC for releasing the vehicle in question (Tanker) bearing
registration No. PB-11CZ-7502 on supurdagi.
[2024:RJ-JP:6459] (2 of 5) [CRLMP-7039/2023]
Learned counsel for the petitioner submits that the petitioner
is the registered owner of the vehicle in question which has been
seized by the Police Officers in connection with the aforesaid FIR.
He submits that the petitioner being the registered owner of the
vehicle in question, is the person best entitled to get back the
possession of the seized property.
Learned counsel contends that the FIR No.0149/2023 was
lodged at Police Station Chandwaji, Jaipur under Section 154 CrPC
alleging inter alia that Ravidutt Sharma, RTO Inspector was doing
night checking near Jaipur-Delhi Highway with his three
companions in a jeep. It is alleged in the report that the driver of
the tanker No.PB 11 CZ 7502 while driving the tanker in rash and
negligent manner, hit the jeep from back side, due to which, the
entire team got injured and one injured Dashrath Singh died
during treatment and since then, the vehicle is in possession of
the Police Station Chandwaji, Jaipur.
He further submits that the RTO Jaipur-II issued a show
cause notice dated 23.05.2023 for suspension of registration of
said vehicle under Section 53(1)(a) of Motor Vehicles Act to which,
on 01.06.2023, the petitioner filed a reply. The RTO, Jaipur-II vide
his order dated 02.06.2023 observed that on physical inspection,
it was found that the vehicle has been modified and the original
shape of the vehicle has been altered dehors the rules. Vide the
said order, the RTO suspended the registration under Section
53(1)(a) of MV Act and it was directed that the said
changes/alterations which are against the Rules, made in the
vehicle be removed so as to make it fit for use on public road. It
was also directed that if the vehicle is found fit for use on road in
[2024:RJ-JP:6459] (3 of 5) [CRLMP-7039/2023]
physical inspection, the proceedings for rescinding the order
suspending registration would be initiated.
The petitioner thereafter filed an application under Section
457 Cr.P.C. before the learned Chief Metropolitan Magistrate,
Jaipur for release of vehicle. Vide order dated 31.07.2023, the
learned magistrate dismissed the application with direction to
make compliance of the instructions given in order dated
02.06.2023 passed by the RTO. Being aggrieved and dissatisfied
with rejection of the application under Section 457 Cr.P.C., the
petitioner preferred a revision before the learned revisional court.
However, the learned revisional court also dismissed the revision
by order dated 21.08.2023 and affirmed the order dated
02.06.2023 passed by the learned magistrate.
Learned counsel Shri Pankaj Gupta contends that without
having the custody of the aforesaid vehicle, the petitioner cannot
comply with the instructions given by the RTO in order dated
02.06.2023 as the vehicle is in possession of the Police Station
Chandwaji, Jaipur. He further submits that the vehicle in question
is presently stationed unused at the police station and soon it
would become junk. He places reliance on the judgment of the
Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai
vs. State of Gujarat, reported in AIR 2003 SC 638. He thus,
prays that both the orders passed by both the Courts below as
well as the order dated 02.06.2023 passed by the RTO may be
quashed and set aside.
Learned Public Prosecutor vehemently opposes the criminal
miscellaneous petition and craves its dismissal.
[2024:RJ-JP:6459] (4 of 5) [CRLMP-7039/2023]
Prima facie, the record reveals that the vehicle which is
sought to be released on Supurdagi by the petitioner by way of
this petition, was modified/altered as its original shape was
changed. The original chassis of the said vehicle was increased by
welding from its backside.
After considering the submissions advanced by learned
counsel for the petitioner as well as learned Public Prosecutor and
perusing the material available on record, this Court is of the
considered opinion that at this stage, the vehicle in question
should be handed over to the petitioner for a limited time period
so that the petitioner may remove the alterations/changes made
in the vehicle and make it fit for use on public road as per the
instructions given by the RTO in his order dated 02.06.2023.
Without the vehicle being in his possession, the petitioner cannot
make compliance of the order dated 02.06.2023. Accordingly, the
orders dated 21.08.2023 and 31.07.2023 passed by both the
courts below are set aside and it is hereby directed that the
aforesaid vehicle shall be released in favour of the petitioner for
45 days from the date of its release on supurdagi, subject to
furnishing bonds to the satisfaction of the learned magistrate
court. During this period, the petitioner shall make necessary
compliance of the instructions given by the RTO in the order dated
02.06.2023 and thereafter, shall produce the vehicle to the
concerned RTO authority for the purpose of physical inspection of
the vehicle. Upon the vehicle being found as per the
norms/standards provided under the Act/Rules, the concerned
RTO shall initiate proceedings for restoration of the certificate.
Thereafter, the petitioner shall surrender the vehicle to the SHO
[2024:RJ-JP:6459] (5 of 5) [CRLMP-7039/2023]
Police Station Chandwaji, Jaipur, who in turn shall furnish a report
to the concerned Magistrate Court. It is made clear that during
this period, the petitioner shall not ply the vehicle for any other
purpose except the one discussed above. Once, the petitioner
surrenders back the vehicle after fulfilling the aforesaid
instructions, the petitioner would be at liberty to file a fresh
application under Section 457 Cr.P.C. for releasing the vehicle on
superdagi before the learned magistrate court.
With aforesaid observations and directions, the misc petition
is disposed of.
(ANIL KUMAR UPMAN),J
CHARU SONI /218
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