Uttarakhand High Court
C482/1313/2019 on 1 September, 2021
Author: R.C. Khulbe
Bench: R.C. Khulbe
C482 No.1313 of 2019 Hon'ble R.C. Khulbe, J.
Mr. Ramji Shrivastava, learned counsel for the applicant.
Mr. Siddhartha Bisht, learned B.H. for the State.
This criminal misc. application has been filed U/s 482 Cr.P.C. for quashing the entire proceedings of Criminal Case No. 603 of 2018, State vs. Rajesh Verma and others, pending before the Addl. C.J.M., IV, Dehradun.
From the perusal of the record, an FIR was lodged as per information submitted by the S.I. D.P. Bhatt with P.S. Premnagar on 10.10.2011 at about 11:30 AM which was registered as No. Nil of 2011 under Sections 41/102 Cr.P.C. as well as No.50 of 2011, under Sections 420, 467, 471 IPC. After completion of investigation, charge sheet No.126 of 2017 was submitted against the applicant as well as other accused; thereafter, the concerned court took the cognizance on 05.02.2018. Aggrieved by it, the present application is filed under Section 482 Cr.P.C. for quashing the entire proceedings.
It is submitted by learned counsel for the applicant that a truck bearing No.HR-40C-0225 was purchased by the applicant by its registered owner- Baljeet Singh as per the receipt (annexure No.1) on 20.12.2010; thereafter, the applicant applied for registration from the Transport Department of Uttarakhand; accordingly, the registration certificate was issued in favour of the applicant, the fitness certificate was also issued; the applicant also applied for insurance and accordingly, insurance certificate was issued by the New India Insurance Company Limited in favour of the applicant regarding the impugned truck.
Since the applicant is registered owner of the truck, there was no occasion for him to change the chasis number, engine number or the number plate. It is also submitted that after lodging the FIR, the Transport Department has cancelled the registration certificate, issued in favour of the applicant.
Aggrieved by it, the applicant preferred a Writ Petition (M/S) No.1166 of 2015, 'Rajesh Kumar vs. Regional Transport Authority and others', in which the Coordinate Bench of this Court, after hearing both the parties, allowed the said petition and quashed the impugned order dated 04.01.2012 passed by the Transport Authority.
Since the cancellation of registration certificate order dated 04.01.2012 has been quashed by the Coordinate Bench of this Court vide its order dated 02.05.2019, accordingly, no criminal proceedings can be initiated against the present applicant.
The learned counsel for the State fairly admitted the above facts and submitted that as per the order dated 02.05.2019 passed the Coordinate Bench of this Court, in Writ Petition (M/S) No.1166 of 2015, 'Rajesh Kumar vs. Regional Transport Authority and others, the cancellation certificate order has been set aside.
From the perusal of the above documents, it is clear that the applicant purchased the aforesaid truck from Baljeet Singh by way of a receipt executed by Baljeet Singh; accordingly, the applicant applied for the registration certificate, the concerned Transport Authority issued the registration certificate in favour of the applicant; accordingly, the New India Insurance Company Limited insured the truck; there is no, 'prima facie' evidence on record that the applicant prepared any forged document or manipulated the number plate, chasis number or engine number of the truck.
Since the applicant is registered owner of the truck, there is no occasion to manipulate the chasis number, number plate, engine number and vehicular documents; the concerned court did not notice this fact; it simply took the cognizance, on the basis of the charge sheet submitted by the I.O.; it also did not apply its mind.
Accordingly, the instant C482 application is allowed and the proceedings of Criminal Case No.603 of 2018, 'State vs. Rajesh Verma and others', pending before the Addl. C.J.M., IV, Dehradun, are set aside qua the applicant only.
Pending application, if any, stands disposed of.
(R.C. Khulbe, J.) 01.09.2021 BS