Uttarakhand High Court
Surendra Singh vs State Of Uttarakhand And Others on 8 April, 2024
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE HON'BLE CHIEF JUSTICE MS. RITU BAHRI
AND
THE HON'BLE JUSTICE SRI ALOK KUMAR VERMA
8th APRIL, 2024
WRIT PETITION (PIL) NO. 180 OF 2019
Surendra Singh ........Petitioner
Versus
State of Uttarakhand and Others ........Respondents
Counsel for the : Mr. Sanjay Kumar,
petitioner Advocate.
Counsel for the : Mr. P.C. Bisht, Addl. C.S.C.
State
Judgment: (per Ms. Ritu Bahri, C.J.)
The petitioner in the present PIL is seeking a
direction with regard to the negligent and wrongful
action on the part of the police in releasing the vehicles
in favour of respondent nos.5 and 6. These vehicles were
found to be of different chassis number than the one
marked on the vehicles.
2. The petitioner has also referred to the FIR
dated 13.10.2018, registered under Sections 420, 467,
468 and 471 of Indian Penal Code, 1860, which was
lodged by the complainant against Parvez Alam and
Zabir Ali, in which, the details of six vehicles have been
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given. As per FSL report, engine numbers of these
vehicles were found to be completely erased.
3. After notice of this petition, a counter affidavit
has been filed by the Investigating Officer, Police Station
Jaspur, District Udham Singh Nagar, and in paragraph 5,
it is stated that after registration of the FIR, an
investigation was carried out by Sub-Inspector, Anil
Joshi and verification of the vehicle was also done and
after finding out of the name and address of the owners
of the vehicle, the investigation was done from the
owners as well as the concerned RTO Office.
4. Subsequently, in May-June, 2019, Sub-
Inspector, Anil Joshi was transferred and another
Investigating Officer was handed over the investigation
and in compliance of the order dated 30.10.2018, the
Judicial Magistrate, Police Station Jaspur, District Udham
Singh Nagar, one Alto Car bearing No. UK06P4087 was
handed over to its registered owner and vehicle Tata
Safari, bearing registration No.UK04G9900 was also
handed over to the registered owner Sakir Hussain.
5. Other vehicles were also released and after
submission of final report, as per the direction of the
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higher authorities, the vehicles were handed over to the
respective registered owners.
6. During the investigation, no evidence of theft
or other crime was found. The statements of the
owners were recorded and all the vehicle were found to
be registered with the concerned R.T.O. and the final
report has been submitted in the aforesaid matter.
7. Petitioner moved an application on 27.08.2019
before the Court of learned Civil Judge (J.D.)/ Judicial
Magistrate, Jaspur, District Udham Singh Nagar for
getting more details of the vehicles, which were got
released by the Police. This application was rejected
being not maintainable. As per the final report, all the
vehicles were released to the original registered owners,
as they were duly registered with the R.T.O.
8. In view of the above, no case is made out to
keep this PIL pending. The Writ Petition (PIL) is
dismissed.
______________
Ritu Bahri, C.J.
_________________
Alok Kumar Verma, J.
Dt: 8th April, 2024
Shiv/JKJ
