Narendra Nain vs State Of Rajasthan (2024:Rj-Jd:38627)
2024 Latest Caselaw 8133 Raj

Rajasthan High Court - Jodhpur

Narendra Nain vs State Of Rajasthan (2024:Rj-Jd:38627) on 18 September, 2024

[2024:RJ-JD:38627]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7501/2023

Narendra Nain S/o Shri Nemichand, Aged About 27 Years, R/o
Tidiyasar, Tehsil Ratangarh, Dist. Churu, Raj.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)          :    Mr. Saurabh Soni
For Respondent(s)          :    Mr. H.S. Jodha, PP



               HON'BLE MR. JUSTICE ARUN MONGA

Order

18/09/2024

1. Under challenge herein is an order dated 09.11.2023 passed

by learned Additional Session Judge, Sujangarh, Churu, in

Criminal Revision Petition No.49/2023 by which the revision

petition was dismissed and affirmed the order dated 06.11.2023,

passed by the learned Additional Chief Judicial Magistrate,

Sujangarh, Churu in Criminal Misc. Case No.1813/2023 arising out

of FIR No.352/2023 dated 31.10.2023, lodged at Police Station

Sujangarh, District Churu, under Sections 379 of IPC and 4/21 of

MMRD Act, whereby the application filed by the petitioner under

Section 397 Cr.P.C. for releasing the vehicle in question bearing

registration No.RJ 10 GB 1930.

2. Vehicle was impounded on 31.10.2023 and ever-since parked

in police custody and needless to say it is deteriorating by each

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

be in current condition.

[2024:RJ-JD:38627] (2 of 2) [CRLMP-7501/2023]

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. 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.

5. The petition stands disposed of accordingly.

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

(ARUN MONGA),J 48-skm/-

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