Delhi District Court
Mrs. Meenakshi vs The State on 13 March, 2008
-: 1 :-
IN THE COURT OF SHRI V.P. VAISH, ADDL. SESSIONS JUDGE,
ROHINI, DELHI.
Criminal Revision No. 37/07
Dated of institution: 13.08.2007
Order reserved on: 12.03.2008
Order pronounced on: 18.03.2008
Mrs. Meenakshi,
W/o Shri Davinder Kumar Mishra,
D/o Shri P.N. Mishra,
R/o RZ-39, New T Block Phase-II,
Uttam Nagar,
New Delhi ...... Petitioner
Versus
1. The State
Govt of NCT of Delhi,
2. Sh. Shiva Kant Mishra,
S/o Late Sh. Ram Gulam Mishra
3. Sh. Davinder Kumar Mishra,
S/o Sh. Shiva Kant Mishra
(Both R/o H.No. J-281/37B,
Gali No.5, 31/2 Pusta Kartar Nagar,
Delhi-53) ......Respondents
AND
Criminal Revision No. 06/08
Dated of institution: 22.01.2008
Order reserved on: 12.03.2008
Order pronounced on: 18.03.2008
Mrs. Meenakshi,
W/o Shri Davinder Kumar Mishra,
Crl. Revision Nos. 37/07 and 06/08
-: 2 :-
D/o Shri P.N. Mishra,
R/o RZ-39, New T Block Phase-II,
Uttam Nagar,
New Delhi ...... Petitioner
Versus
1. The State
Govt of NCT of Delhi,
2. Sh. Shiva Kant Mishra,
S/o Late Sh. Ram Gulam Mishra
3. Sh. Davinder Kumar Mishra,
S/o Sh. Shiva Kant Mishra
(Both R/o H.No. J-281/37B,
Gali No.5, 31/2 Pusta Kartar Nagar,
Delhi-53) ......Respondents
ORDER
Vide this common order I shall dispose of two revision petitions bearing Criminal Revision Petition No.37/2007 and Criminal Revision Petition No.06/08 as both the revision petitions have been filed by petitioner Mrs. Meenakshi and both the revision petitions have arisen out of FIR No. 279/07 under Section 498-A/406/34 IPC PS Uttam Nagar. The criminal revision petition No.37/2007 is preferred against order dated 26.07.2007 and Criminal Revision Petition No. 06/08 is preferred against order dated 16.11.2007.
2. The brief facts giving rise to the present revision petitions are that petitioner Meenakshi lodged FIR No. 279/07 under Section Crl. Revision Nos. 37/07 and 06/08 -: 3 :- 498-A/406/34 IPC at PS Uttam Nagar against her husband and other relatives / respondent No.2 and 3. The respondents No.2 and 3 moved an application seeking anticipatory bail and deposited some articles in police station vide seizure memo dated 03.04.2007. The respondents were admitted to bail. The petitioner moved an application for release of the articles and after considering the report of IO and no objection given by the accused Davinder Kumar Mishra, all the articles / istridhan as mentioned in the seizure memo except one motorcycle bearing No. DL- 5ST-4227 were ordered to be released to the petitioner, without prejudice to the rights of the parties, on furnishing superdginama in the sum of Rs.50,000/-, vide impugned order dated 26.07.2007. Feeling aggrieved by the said order the petitioner has preferred revision petition No. 37/2007.
3. The respondent No.3, Davinder Kumar Mishra moved an application for release of aforesaid motorcycle bearing No.DL5ST 4227 on superdari and after considering the report of IO, said motorcycle was ordered to be released to respondent No.3, Davinder Kumar Mishra on furnishing superdginama in the sum of Rs.30,000/- vide impugned order dated 16.11.2007. The petitioner has preferred criminal revision petition No. 06/2008, against the said order dated 16.11.2007.
4. I have heard Shri G.S. Tewari Advocate for the petitioner and Shri Pradeep Sharma Advocate for respondents No.2 and 3 and Shri N.S. Kadyan, Ld. Addl PP for the State. I have also carefully gone through material on record.
Crl. Revision Nos. 37/07 and 06/08 -: 4 :-
5. Ld Counsel for the petitioner submitted that the motorcycle was given to respondent No.3, Davinder Kumar Mishra at the time of marriage of petitioner, the payment of said motorcycle was made by father and brother of the petitioner. The parents of the petitioner paid a sum of Rs.30,000/- for purchase of motorcycle, at the time of marriage and thereafter the amount of Rs.2,000/- was paid to him on nine occasions and the said amount was towards installments of said motorcycle. According to him, the petitioner is entitled to the custody of said motorcycle.
6. On the other hand Ld Counsel for the respondents No. 2 and 3 submitted that respondent Davinder Kumar Mishra purchased the said motorcycle out of his own funds. Said motorcycle was got financed by respondent Davinder Kumar Mishra and the installments are being paid by him. The respondent No.3 is registered owner of said motorcycle bearing No. DL5ST 4227.
7. I have carefully considered the submissions made by Ld Counsels for both the parties. A similar question cropped up before the Apex Court in case titled as Rajinder Prasad Vs. State of Bihar reported as 2002 (2) RCR (Criminal) 812. In the said case it was held that the vehicle lying in the compound of police station and was exposed to heat and cold because the automobile is likely to be lost to all such situation. The Hon'ble Supreme Court observed that temporary custody be given to the ostensible name holder in the registration certificate till conclusion of trial. In another case titled as Manoj Vs. Shiram Tpt. Finance Ltd.
Crl. Revision Nos. 37/07 and 06/08 -: 5 :- reported as 2002 (2) RCR (Criminal) 730 it was held that superdari of the vehicle be given to the registered owner subject to the decision of Civil Court in respect of ownership of said vehicle.
8. In the instant case respondent No.3. Davinder Kumar Mishra is the registered owner of motorcycle bearing No. DL5ST 4227. Applying the law laid down in the aforesaid Judgments, respondent No.3 is entitled to interim custody of the said motorcycle subject to the decision of ownership in respect of the said motorcycle by the Civil Court. Learned trial Court has already imposed the conditions that respondent No.3 shall produce the motorcycle in question as and when directed by the Court and shall not dispose of / alter / tamper the same without prior permission of the Court. I do not find any illegality or infirmity in the impugned orders passed by learned trial Court.
9. As a result of above discussion both the revision petitions fail, same deserve to be dismissed and same are hereby dismissed. A copy of this order be placed in the file bearing Criminal Revision Petition No. 06/2008. Trial Court record alongwith copy of this order be sent back. File of revision petitions be consigned to record room.
Announced in open Court (V.P. VAISH)
Dated: 18.03.2008 ADDL. SESSIONS JUDGE
ROHINI: DELHI
Crl. Revision Nos. 37/07 and 06/08