Uttarakhand High Court
Hon'Ble R.C. Khulbe vs Unknown on 1 November, 2019
Author: R.C. Khulbe
Bench: R.C. Khulbe
IA No.13259 of 2019 (Urgency Application) In C-482 No.197 of 2019 Hon'ble R.C. Khulbe, J.
Mr. Bilal Ahmed, learned Advocate for the applicant.
Mr. Lalit Miglani, learned Brief Holder for the State.
The present criminal misc. application has been filed for quashing the impugned order dated 16.05.2018 passed by the learned Judicial Magistrate 1st Roorkee, District Haridwar in Criminal Case No.68 of 2018, State Vs. Saiyyad, under Sections 3/7 of Essential Commodities Act, P.S. Kotwali Manglaur, District Haridwar and order dated 19.07.2018 passed by learned 1st Additional Sessions Judge, Roorkee, District Haridwar in Criminal Revision No.304 of 2018, Abdulla Vs. State of Uttarakhand.
Brief facts of the case are that, an FIR No.68 of 2018 was lodged under Sections 3/7 Essential Commodities Act, at P.S. Kotwali Mangalaur, District Haridwar. Thereafter, an application was moved by Abdulla for releasing the van having no. UK 17 CA 0245. The said application was rejected by the Judicial Magistrate 1st, Roorkee on 16.05.2018. Aggrieved by it, the applicant filed Revision No.304 of 2018 before the 1st Additional Sessions Judge, Roorkee. The said revision was also dismissed on 19.07.2018. Aggrieved by it, the present criminal misc. application under Section 482 Cr.P.C. has been filed.
From the perusal of the record, it is clear that the vehicle no.UK 17 CA 0245 is registered in the name of Ram Kumar, who sold out the said vehicle to applicant- Abdulla on 28.09.2016 by way of agreement, which is on record. Ram Kumar is no more and his son Rajendra submitted an affidavit regarding it before the Judicial Magistrate 1st Roorkee stating that his father died on 28.05.2017, who was the registered owner of the said vehicle and sold out it on 29.09.2016 to applicant-Abdulla.
It is submitted by the learned counsel for the applicant that after taking possession of the said vehicle, he will submit the form to the registration authority as per law and will inform the lower Court within a period of two months regarding it.
Since, there is no other claimant of the said vehicle and as per agreement executed by registered owner-Ram Kumar (since died) in favour of the present applicant and by way of said agreement Ram Kumar has already sold out the vehicle in favour of the applicant, in these circumstances, the present criminal misc. application filed under Section 482 Cr.P.C. is allowed and the impugned order dated 16.05.2018 passed by the learned Judicial Magistrate 1st Roorkee, District Haridwar in Criminal Case No.68 of 2018, State Vs. Saiyyad, under Sections 3/7 of Essential Commodities Act, P.S. Kotwali Manglaur, District Haridwar and order dated 19.07.2018 passed by learned 1st Additional Sessions Judge, Roorkee, District Haridwar in Criminal Revision No.304 of 2018, Abdulla Vs. State of Uttarakhand are hereby quashed and the matter is remanded back to the lower Court with the direction to decide the application filed by the applicant for release of the said vehicle within a period of 15 days from the date of receipt of a copy of this order as per law.
Pending applications, if any, also stand disposed of.
(R.C. Khulbe, J.) 01.11.2019 Sukhbant