Rajasthan High Court - Jodhpur
Manoj Kumar vs State Of Rajasthan-State on 12 May, 2020
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1227/2020
Manoj Kumar S/o Shri Prahlad, Aged About 28 Years, B/c
Harijan, R/o 63, Panch Mauka Puliya, Pali, District Pali.
----Petitioner
Versus
State Of Rajasthan-State, Through The Public Prosecutor.
----Respondent
For Petitioner(s) : None present
For Respondent(s) : None present.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 12/05/2020 The defect pointed out by the office is overruled. Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
Heard Mr. Ashok Kumar, learned counsel for the petitioner as well as Mr. Anil Joshi, learned public prosecutor through Video Conference on Jitsi Meet Application.
Brief facts of the case are that on 28/03/2020, one Ambulance Bolero bearing No.RJ-22-PA4546 and other Ambulance Bearing No.RJ-27-PA-4858 were found carrying passengers upon which vehicle No.RJ-22-PA-4858 was seized. The petitioner moved an application under Section 457 Cr.P.C. before learned Additional Chief Judicial Magistrate (Communal Riots), Pali for releasing the said vehicle which has been rejected vide order dated 03/04/2020. The order dated 03/04/2020 passed by Additional (Downloaded on 12/05/2020 at 08:30:34 PM) (2 of 3) [CRLMP-1227/2020] Chief Judicial Magistrate (Communal Riots), Pali was challenged by the petitioner by filing a revision petition before the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali which was also rejected vide order dated 22/04/2020.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the petitioner submits that because of the emergent situation on a request being made by two person, they were transported from one place to another in violation of Lockdown Rules prevailing in the State of Rajasthan. Since the reasons stated by the passengers was emergent, the petitioner took them in his vehicle.
I have considered the submissions made at the bar. Although the lockdown in the State of Rajasthan is in existence to meet the Covid-19 situation, however, taking into consideration the fact that in the emergent situation, the petitioner on being satisfied with the explanation given by the passengers took them in his vehicle for being dropped at a particular place. Though, the act was in violation of the Covid-19 Rules, but taking into consideration the humanitarian approach, the petitioner has carried the passengers and considering the fact that the seized vehicle is an ambulance, I deem it proper to release the same for its proper use and better utilization in the present circumstances.
Consequently, the misc. petition is allowed and the impugned orders dated 03/04/2020 passed by learned Additional Chief Judicial Magistrate(Communal Riots), Pali and the order dated 22/04/2020 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali are quashed and set aside. The application (Downloaded on 12/05/2020 at 08:30:34 PM) (3 of 3) [CRLMP-1227/2020] under Section 457 Cr.P.C. is allowed and the vehicle in question i.e. Ambulance bearing Registration No. RJ-27-PA-4858 is directed to be released on supardginama provided the petitioner fulfills all the conditions as imposed by learned trial Court.
(VINIT KUMAR MATHUR),J 41-SanjayS/-
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