Anil Kumar Chorasiya vs State Of Rajasthan (2024:Rj-Jd:43917)
2024 Latest Caselaw 9375 Raj

Rajasthan High Court - Jodhpur

Anil Kumar Chorasiya vs State Of Rajasthan (2024:Rj-Jd:43917) on 24 October, 2024

[2024:RJ-JD:43917]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7606/2024

Anil Kumar Chorasiya S/o Sh. Gyanchand Chorasiya, Aged About
41 Years, R/o Ram Janki Nagar, Basarathpur, Diswt. Gorakhpur
(Up), At Present R/o Village Usarha, Vpo Lalroad Padri, Gujarat
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Bikram Singh S/o Gurmej Singh Pannu, R/o B-61,
         Motinagar-2,     Susen        Road,       Tarsali,      Dist.   Vadodara
         (Gujarat)-390009
                                                                 ----Respondents


For Petitioner(s)          :    Mr. Sudhir Saruparia.
For Respondent(s)          :    Mr. Vikram Rajpurohit, P.P.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

24/10/2024

1. Under challenge herein is an order dated 26.03.2024 passed

by learned Chief Judicial Magistrate, Sheoganj, District Sirohi, in

Criminal Case No.170/2024, vide which petitioner's application to

release the vehicle bearing registration No.UP-53-ET-2502 (Truck)

under Section 457 of Cr.P.C. was dismissed, pertaining to

complaint under Sections 207 of Motor Vehicles Act.

2. Vehicle was impounded on 11.02.2024 and ever-since parked

in police custody and needless to say deteriorating by each

passing day and would turn into a complete junk if it continues to

be in current condition.

[2024:RJ-JD:43917] (2 of 2) [CRLMP-7606/2024]

3. Reference may be had to a judgment of this Court, titled

Narayan Gadri Vs. State of Rajasthan: S.B. Criminal Misc.

Petition No.6304/2021, dated 02.07.2024.

4. Accordingly, in case the confiscation proceedings have been

initiated, the vehicle shall then be released only on payment of

penalty and compounding fee. However, if it is found that no

confiscation proceedings have yet commenced and it is merely an

appeal is pending against the penalty/compounding order passed

by mining officer, liberty in that case is granted to the petitioner to

approach the competent Court by filing a fresh application for

release of vehicle on Superdari. Upon doing so, the same shall be

released on furnishing a bond of an amount equivalent to the

current value of impounded vehicle. Current value shall be as per

the satisfaction of the learned competent Court dealing with the

fresh application, if and when filed. Other conditions shall also be

imposed by the learned court below as per judgment, ibid. It is

expected of the learned trial Court to verify the ownership

documents of the vehicle in question before releasing the same in

favour of the owner.

5. Disposed of accordingly.

6. Pending application(s), if any, also stand disposed of.

(ARUN MONGA),J 353-Sumit/-

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