Delhi District Court
Prem Chand Sharawat vs State on 29 November, 2023
IN THE COURT OF SH. SUSHIL KUMAR,
ADDITIONAL SESSIONS JUDGE-04, NORTH-DISTRICT,
ROHINI COURTS, DELHI.
CNR No. DLNT01-008440-2023
CR No. 250/2023
PREM CHAND SHARAWAT
S/o Sh. Nayadar Singh,
R/o 848, Pana Maujan,
Bawana, North-West,
Delhi-110039 .....Revisionist
VS.
State
Through SHO, Police Station: Bawana
North Delhi
Also through: Public Prosecutor, Delhi. .....Respondent
Date of institution of revision : 05.08.2023
Date on which arguments heard : 12.10.2023
Date on which judgment pronounced : 29.11.2023
JUDGMENT
1. This is a revision petition filed by the revisionist under section 397 Cr.P.C., for setting-aside the impugned orders dated 25.07.2023 and 31.07.2023 (hereinafter referred to as impugned orders) passed by the Court of Ld. MM-05, North-District, Rohini Courts, Delhi (hereinafter referred to as Ld. Trial Court) in FIR No.706/2022 PS Bawana in case titled as 'State v. Sachin & Ors.' whereby the Ld. Trial Court has dismissed the application seeking release of Mahindra Scorpio Car bearing registration no.DL-8CAT-0650.
Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 1 of 8
2. Being aggrieved by the impugned order, the Revisionist has moved the present revision petition on the following grounds :
(i) That the impugned orders dated 25.07.2023 and 31.07.2023 are illegal and bases on surmises and conjectures and is therefore, bad in law.
(ii) That the Ld. Trial Court has failed to appreciate the fact that revisionist has a fundamental right to use his vehicle as per law. That the investigation is already completed and charge-sheet is already on record. That the FSL examination is already conducted and now, the above-mentioned vehicle is lying in police malkhana for no reason and rhyme and getting spoiled and rusted.
(iii) That the said issue of detention of case property in police malkhana's without purpose has been raised in several cases by the Hon'ble Supreme Court.
(iv) That the Ld. Counsel for revisionist has relied upon case titled as 'Manjeet Singh v. State (Crl. MC No.4485/2013) and Crl. M.C. No.16055/2013.
(v) That the Ld. Trial Court has failed to take into consideration of the fact that the revisionist has to removed his bullet proof modification from his vehicle and present his vehicle in front of Registering Authority for inspection for removal of suspension of registration of vehicle.
Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 2 of 8
(vi) That the present criminal revision petition is not time barred and is within the period of limitation.
(vii) That the revisionist / petitioner has not filed any other petition except the present one for the same relief before any court of law.
(viii) That if the present criminal petition if not allowed, then there will be a serious miscarriage of justice and the Fundamental right of the revisionist will be curtailed and the revisionist shall burdened with huge irreparable loss.
(ix) That the said vehicle mentioned above is required for the purpose of other necessary work for the family and his personal use of vehicles.
3. It is argued by Ld. Counsel for Revisionist that in the present case vehicle bearing No.DL-8CAT-0650 was seized by the police / IO of PS Bawana on the basis of secret information received on 11.09.2022. It is further argued that one raid was conducted at house bearing Khasra No.112/6, 7, 8, Block-B, Vijay Nagar Colony, Bawana and accused Sachin was arrested with country-made pistol and live round. That, at the same time, more illegal weapons and rounds were recovered at the instance of accused Sachin from two vehicles bearing no.DL8C-AT-0650 and MG Hector bearing No.DL-12CR-2195 which were parked at the said house itself registered in the name of Prem Singh and Aarti respectively. That said car is being seized by the Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 3 of 8 police officials of PS Bawana from the workshop without informing the owner for investigation of the above said FIR No.706/2022.
4. It is further argued that the revisionist has nothing to do with the above said FIR. That the revisionist got his vehicle bullet proof for his safety and due to threats for his life. That the revisionist has informed the police officials of PS Bawana about the threats and various general dairy entries are already discharged.
5. It is further argued that the revisionist having no other option, moved an application before the Hon'ble Trial Court on 24.07.2023 for release of above said vehicle and the same was dismissed by Ld. Trial Court vide order dated 25.07.2023 and a similar second application was also dismissed by Ld. Trial Court vide order dated 31.07.2023. It is further argued that the revisionist has nothing to do with present FIR and nothing incriminating has been found against him to show his involvement in the present case. It is further argued that as per the story of IO, revisionist was not present at the spot. It is denied that the vehicle of revisionist is being lent to any person any point of time and that the owner of above said vehicle is Prem Chand Sharawat and the same is used by him. That the revisionist does not have any connection with any gang and other absconding accused as he has never meet them or known to them at point of time.
6. It is further argued that the recovery in the said case is already done and nothing is left to be recovered. It is also argued that the the FSL Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 4 of 8 examination of the above stated vehicle is already done and the investigation is already complete and charge-sheet is already filed by the investigating agency.
7. It is further argued that the registration of the vehicle Mahindra Scorpio having registration No.DL-8CAT-0650, Colour Nepoli Black has been suspended by the RTO because of the modification reasons and now the registered owner of the above said vehicle has to remove the modification and alteration (bullet proofing) from the vehicle within a reasonable time and present his vehicle before the RTO for inspection failing which the registration of the vehicle Mahindra Scorpio having registration No. DL-8CAT-0650 Color Nepoli Black will be cancelled and the revisionist will have to face huge loss and for the same, he requires his vehicle. Thus, vide present revision petition, the revisionist has challenged the aforesaid order dated 25.07.2023 and 31.07.2023 passed by Ld. Trial Court.
8. Notice of the present revision petition was accepted by Ld. Addl PP for state in the Court itself and thereafter, arguments on the present revision petition were heard at length.
9. Ld. Addl PP for state / respondent has argued that the order passed by Ld. Trial Court is not arbitrary but the same has been passed after considering the facts and circumstances of the present case. Ld. Addl PP for state / respondent has further argued that the vehicle in question has been modified into bullet-proof vehicle by accused and Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 5 of 8 the vehicle is being used for transportation of illegal weapons. It is further argued that the registration certificate of the vehicle in question has already been suspended by IO, therefore, the present revision petition filed on behalf of revisionist is not maintainable and is liable to be dismissed.
10. This Court has given thoughtful consideration to the arguments advanced on behalf of ld. Counsel for the revisionist/accused as well as ld. Counsel for the respondent/ complainant. This Court has also perused the record.
11. In the present case, Trial Court Record has been summoned and the same has been carefully perused. Perusal of the Trial Court Record shows that Ld. Trial Court has dismissed two separate applications seeking release of vehicle bearing registration No.DL8CAT-0650 make Mahindra Scopio Car vide two separate impugned orders dated 25.07.2023 and 31.07.2023. Perusal of the Trial Court Record further shows that Ld. Trial Court has passed a detailed order with respect to dismissal of both the applications for release of vehicle bearing registration No.DL8CAT-0650 make Mahindra Scopio Car. However, this fact cannot be overlooked that revisionist has mentioned in his revision petition that as registration of the vehicle in question has already been suspended by Regional Transport Authority due to modification reasons and alterations (bullet proofing of the vehicle in question), applicant has to present the vehicle in question before Regional Transport Authority for removal afore-mentioned Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 6 of 8 modification and alterations i.e., bullet proofing within a reasonable time failing which the registration of the vehicle in question shall be canceled and the revisionist / applicant shall face huge loss.
12. In view of the above discussions and in view of various pronouncements of Hon'ble Supreme Court of India as well as in view of the law laid down by Hon'ble High Court of Delhi in case titled as 'Manjeet Singh v State', the impugned orders dated 25.07.2023 and 31.07.2023 are hereby set-aside, subject to the following conditions:-
(i) Revisionist shall present the vehicle in question i.e., vehicle bearing registration No.DL-8CAT-0650 make Mahindra Scopio Car before concerned RTO for removal of bullet proofing and other modification / alterations within two weeks from the day of its release.
(ii) Revisionist shall produce the vehicle in question i.e., vehicle bearing registration No.DL-8CAT-0650 make Mahindra Scopio Car as and when required for the purpose of investigation as well as during the course of trial as and when required by Ld. Trial Court.
(iii) Revisionist shall inform the Ld. Trial Court regarding the removal of bullet proofing and other modification / alterations immediately after getting the same done from concerned Regional Transport Authority and shall also file an undertaking before Ld. Trial Court in this respect.
Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 7 of 8
13. Present revision petition, filed on behalf of the revisionist is hereby disposed off in the above terms.
14. A copy of this order be made available to revisionist and be also sent to the ld. Trial Court with the request to ensure the compliance of this order.
15. Revision file be consigned to Record Room after due compliance.
Digitally signedSUSHIL by SUSHIL KUMAR Pronounced in open Court KUMAR Date: 2023.11.29 on this 29th day of Nov, 2023. 16:50:15 +0530 (SUSHIL KUMAR) Additional Sessions Judge-04 North: Rohini Courts: Delhi.
29.11.2023 Prem Chand Sharawat Vs. State CR No. 250/2023 Page No. 8 of 8