Babu Lal Bairva vs State Of Rajasthan (2026:Rj-Jd:4220)
2026 Latest Caselaw 1063 Raj

Rajasthan High Court - Jodhpur

Babu Lal Bairva vs State Of Rajasthan (2026:Rj-Jd:4220) on 22 January, 2026

[2026:RJ-JD:4220]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 558/2026

Babu Lal Bairva S/o Choga Lal Bairva, Aged About 65 Years, R/o
Maila Chok , Bigod District Bhilwara Raj.
                                                                            ----Petitioner
                                         Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)            :     Mr. Vijendra
For Respondent(s)            :     Mr. Mahaveer Bishnoi, AAG



      HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

22/01/2026

Learned counsel for the petitioner submits that in the

present case he had approached the trial Court for release of the

vehicle, in light of judgment passed by this a Co-ordinate Bench of

this Court in Chaina Ram Vs. State of Rajasthan (S.B. Criminal

Misc. Petition No.597/2024, decided on 19.05.2025). But however,

the trial Court refused to release the same stating that

confiscation proceedings have been initiated, whereas no

complaint under Section 54(6) has been filed before any

competent Court, and merely on oral submission it cannot be

presumed to have been initiated.

In view of the same, the trial Court was wrong in rejecting

the application and not complying with the condition set out in

case of Chaina Ram.

Learned Additional Advocate General present in the Court is

not in a position to dispute that the order has been passed on the

(Uploaded on 23/01/2026 at 06:28:57 PM)

[2026:RJ-JD:4220] (2 of 2) [CRLMP-558/2026]

oral submissions, and it is stated that if confiscation proceedings

are initiated, the trial Court would be upraised of the same.

In view of the same, this Court is inclined to allow the

present criminal misc. petition and set aside the order dated

16.01.2026 and remand the matter back to learned Judicial

Magistrate, Mandalgarh, District Bhilwara for fresh decision upon

the application filed by the petitioner. The learned trial Court will

consider the fact as to whether confiscation proceedings have

been initiated under the MMCR Rules 2017 and only thereafter

pass appropriate orders in accordance with law.

With these observations, the present criminal misc. petition

is allowed.

(BALJINDER SINGH SANDHU),J 37-deep/-

(Uploaded on 23/01/2026 at 06:28:57 PM)

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