Chattisgarh High Court
Vikas Kumar Thakur vs State Of Chhattisgarh on 10 January, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 2114 of 2022
Vikas Kumar Thakur, S/o Maniram Thakur, aged about 39 Years,
R/o Ward No 06, Purani Basti Korba, Police Station Kotwali Korba,
District : Korba, Chhattisgarh
---- Petitioner
Versus
State of Chhattisgarh, Through Police Station Kotwali Korba,
District : Korba, Chhattisgarh.
---- Respondent
For Petitioner Mr. Ashutosh Shukla, Advocate.
For State Mr. Wasim Miyan, Panel Lawyer.
Hon'ble Shri Justice Radhakishan Agrawal Order on Board 10/01/2023
1. With the consent of the parties, the matter is heard finally at the motion stage.
2. This petition is filed by the petitioner under Section 482 of the Cr.P.C. challenging the order dated 07.11.2022 passed by the Special Judge, SC & ST (PA) Act Korba, District Korba, C.G. in Criminal Revision No.42/2022 affirming the order dated 07.07.2022 passed by the Judicial Magistrate First Class, Korba, District Korba, C.G. in Criminal Case No.1274/2022 rejecting the application under Section 451 of Cr.P.C. of the petitioner seeking the vehicle Scooty bearing registration No.CG12-AR-4268 on supurdnama which was seized by the police of police station Kotwali, Korba, C.G. in connection with Crime No.288/2022 for the commission of the 2 offence punishable under Sections 457, 380, 34 of Indian Penal Code.
3. Learned counsel for the petitioner submits that the Courts below have committed an illegality by rejecting the application of the petitioner for supurdnama of the vehicle in question i.e. Scooty bearing registration No. CG12-AR-4268 as the petitioner is the registered owner of the said vehicle, with the passage of time the condition of the vehicle would deteriorate, no useful purpose would be served by keeping the vehicle in police custody and, therefore, the said vehicle be handed over to the petitioner on Supurdnama on the terms and conditions as may be deemed fit by this Court.
4. On the other hand, learned counsel for the State opposes the contention made by the petitioner.
5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the fact that the petitioner is the registered owner of the aforesaid vehicle and no useful purpose would be served by keeping the vehicle in police custody, this Court is of the opinion that present is a fit case for releasing the seized vehicle i.e. Scooty bearing registration No.CG12-AR-4268 on Supurdnama in favour of the petitioner. Accordingly, the petition is allowed and the order passed by the Court below is set aside. The vehicle is directed to be released on Supurdnama in favour of the petitioner on the following conditions:-
(i) Before release of the vehicle, the documents pertaining to ownership of the said vehicle be verified and proper Panchnama of the vehicle be made.3
(ii) Photographs of the vehicle should be taken and bond should also be produced that the vehicle would be produced as and when required.
(iii) Proper security i.e. personal bond of Rs.20,000/- and equivalent surety be obtained before release of vehicle.
Sd/-
(Radhakishan Agrawal) Judge Akhilesh