Indian Kanoon - Search engine for Indian Law

Madhya Pradesh High Court

Smt. Maya Khande vs The State Of Madhya Pradesh on 1 November, 2023

Author: Anil Verma

Bench: Anil Verma

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 1 st OF NOVEMBER, 2023
                                            CRIMINAL APPEAL No. 5271 of 2023

                          BETWEEN:-
                          SMT. MAYA KHANDE W/O LATE KAMLESH KHANDE
                          OCCUPATION: HOUSEWORK, R/O 624, SANJAY NAGAR,
                          DHAMNOD. TEHSIL DHARAMPURI, DISTRICT DHAR
                          (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI DURGESH SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION CHHOTI
                          GWALTOLI, DISTRICT INDORE (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI KAPIL MAHANT - PANEL LAWYER)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

The appellant has preferred this criminal appeal under Section 14-A of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short, 'SC/ST Act') being aggrieved by the impugned order dated 04/11/2022 passed in SCATR No.179/2022 by the Special Judge, (under the SC/ST Act), Indore, whereby an application under Section 451/457 of Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') has been rejected.

2. The brief facts of the case are that on 24/06/2022 deceased Inspector Hakamsingh Panwar fired upon the accused Ranjana Khande, wherein she Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/2/2023 12:04:04 PM 2 sustained fatal injury and thereafter, Hakamsingh committed suicide by shooting himself by the same pistol. During the investigation, it has been gathered that Ranjana Khande and other accused persons have physically and mentally harassed the deceased Hakamsingh, due to which he committed suicide. There was some quarrel between them in respect of the ownership of a Car bearing registration number MP-09-CV-9004. During the investigation the aforesaid vehicle has been seized. After completion of investigation, charge sheet has been filed. Thereafter, the appellant has moved an application under Section 451/457 of Cr.P.C. being wife and legal heir of the registered owner of the car namely Kamlesh Khande, but the same was dismissed by the trial Court holding that the seized vehicle may be confiscated as it is the subject matter of offence, therefore, she is not entitled to get said vehicle on Supurdagi. Being aggrieved by the aforesaid order, appellant has preferred this appeal before this Court.

3. Learned counsel for the appellant submits that the husband of the appellant Kamlesh Khande was the registered owner of the seized vehicle and after the death of Kamlesh Khande being his wife and legal heir of the appellant became the owner of the aforesaid vehicle. Investigation is over and charge sheet has been filed. The vehicle is lying in an open area and is deteriorating and loosing its value day by day under the heat of sun and rains due lack of maintenance, natural wear and tear. There is no need to keep the said vehicle in custody. The trial Court has committed error in rejecting the prayer of the appellant. In support of his contention, learned counsel placed reliance upon a judgment delivered by the apex Court in the case of Sunderbai Ambalal Desai Vs. State of Gujarat reported in (2002) 10 SCC 290. Hence, he prays that the impugned order be set aside and the seized vehicle be given to the appellant on interim custody till the final conclusion of the trial.

4. Per contra, learned counsel for the respondent / State has opposed the prayer by submitting that the seized vehicle is the subject matter of the offence. It may be liable to be confiscated, therefore, the trial Court has rightly rejected the application filed by the appellant.

5. Heard learned counsel for both the parties and perused the record with due care.

6. From perusal of the documents filed by the appellant, it appears that Kamlesh Khande is the registered owner of the seized vehicle bearing registration number MP-09-CV-9004. Unfortunately, Kamlesh Khande has been died and after his death present appellant being the wife and legal heir of Kamlesh Khande became the owner of the seized vehicle.

7. Hon'ble the Apex Court in the case of Sunderbai Ambalal Desai (Supra) has held that the articles seized in any criminal case are not to be kept for long time at Police Station and in any case for not more than 15 days to one month and the owner of the article should not suffer because of its remaining unused or misappropriated at Police Station.

8. Undisputedly, the condition of the vehicle is deteriorating day by day as the same is lying open to sky and under the heat of sun and rains. The vehicle is loosing its value day by day due to lack of maintenance, natural wear and tear and passing of time. Considering the fact that the ownership of the appellant on the said vehicle is not contested by the respondent and there is no likelihood of early conclusion of the trial, it would be fit to release the vehicle bearing registration number MP-09-CV-9004 seized in the offence registered at Crime No.197/2022 by Police Station, Chhoti Gwaltoli, Distt. Indore on the following terms and conditions:-

(i) The appellant shall furnish Supurdnama for a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) and the surety of the like amount to the satisfaction of the trial Court for releasing the vehicle in question. The aforesaid amount may also be utilized for paying the compensation to the legal heirs of the victim, if it is found that appellant or his husband Kamlesh Khande committed any breach of condition of Insurance Policy.

(ii) The appellant shall submit the registration certificate, permit, fitness certificate and insurance before the concerned Court within a period of one week after releasing the vehicle.

(iii) The appellant shall not change the original nature/colour of the vehicle.

(iv) The appellant will not alienate or transfer the said vehicle to any third party or shall not create any interest of third party.

(v) In case, in the opinion of the Court the appellant does not produce the vehicle in the condition in which it was given in her possession, the appellant shall pay the amount which would be determined by the Court.

(vi) In case of confiscation of the vehicle by the competent authority the appellant shall produce the vehicle or the cost in lieu thereof as determined by the competent authority at her own risk and cost as and when directed by the competent authority.

9. It is further directed that before releasing the vehicle in interim custody of the appellant, the S.H.O. Of concerning police station shall cause to be taken 18x12 inches photographs of the concerned vehicle from all sides and also the photographs showing engine number and chasis number. Such photographs shall be filed in the trial Court to be kept along with the record.

10. With the aforesaid directions, this appeal stands disposed of. Certified copy as per rules.

(ANIL VERMA) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/2/2023 12:04:04 PM