Delhi District Court
Ram Kumar Sharma vs The State (Govt. Of Nct Of Delhi) on 16 March, 2022
IN THE COURT OF SH. SANJAY SHARMA-II : ADDL. SESSIONS JUDGE-03,
(CENTRAL): TIS HAZARI COURTS, DELHI
Criminal Revision No. 140/2022
CNR No.: DLCT01-004850-2022
Ram Kumar Sharma
S/o Sh. Shyam Lal Sharma
R/o H. No. 117, Kh. No. 86,
DCM Colony, Ibrahimpur,
near Police Chowki, Delhi-110036
..... Petitioner
VERSUS
The State (Govt. of NCT of Delhi)
..... Respondent
Date of Institution : 16.03.2022
Date of Arguments : 16.03.2022
Date of Judgment : 16.03.2022
JUDGMENT
INTRODUCTION:
1. The criminal revision petition under Section 397 of 'The Code of Criminal Procedure, 1973' (Hereinafter referred to as 'Cr.P.C.') is directed against an order dated 29.01.2022 (In short 'the impugned order') arising from FIR No. 92/2022 under Section 356/379/34 of 'The Indian Penal Code, 1860' (In short 'IPC') registered at PS Burari titled as 'State vs. Sunil Kumar @ Shetti' whereby Ld. MM-09, Central District, Tis Hazari Courts, Delhi (Hereinafter referred to as 'the trial Court') dismissed the application for releasing the motor-cycle bearing registration No. DL 11SW 1411 on superdari.
Crl. Rev. No. 140/2022 Ram Kumar Sharma vs. State Page No. 1 of 7 BRIEF FACTS:
2. On 18.01.2022, the case FIR was registered on the statement of the complainant, namely, Deepali Kandari that on 18.01.2022 at about 05.30 p.m., at Takia Chowk, Burari, Delhi, two motor-cycle born robbers snatched her mobile phone. During investigation, Investigating Officer apprehended the accused, namely, Sunil Kumar @ Shetti, on the basis of CCTV recording, on 25.01.2022. Investigating Officer seized a motor-cycle bearing registration No. DL 11SW 1411 from the accused, namely, Sunil Kumar @ Shetti. The said motor-cycle was allegedly used in commission of offences. The said motor- cycle is deposited with police malkhana.
3. On 28.01.2022, the petitioner filed an application seeking release of the motor-cycle on the ground that the said motor-cycle is registered in his name. The said motor-cycle is not required for investigation.
4. In reply, IO HC Vivek Kumar Sharma stated that the said motor-cycle is seized as evidence in the case. He stated that the said motor-cycle is deposited in police malkhana.
He stated that Ashish Sharma used to handover the said motor- cycle to his brother i.e. the accused, namely, Ankit @ Janu for committing offence. He stated that Ashish Sharma is seeking release of the said motor-cycle in order to screen his brother i.e. the accused, namely, Ankit @ Janu who is absconding and he would not join investigation, if the said motor-cycle is released.
Crl. Rev. No. 140/2022 Ram Kumar Sharma vs. State Page No. 2 of 7
5. Vide order dated 29.01.2022, the trial Court dismissed the said application on the ground that the investigation is pending and the accused is absconding, as under:
"An application has been moved on behalf of applicant for release of vehicle bearing No. DL-11SW- 1411 and mobile phone on superdari.
Arguments heard.
In the report filed by IO / SHO to the present application, it is stated that no mobile is seized and vehicle was used in offence. Investigation is pending as accused is absconding.
Accordingly, application is dismissed. Copy of order be given dasti to counsel and IO."
APPEARANCE:
6. I have heard Mr. Indra Narain, Advocate for the petitioner and perused the trial Court record. CONTENTIONS OF LD. COUNSEL FOR THE PETITIONER:
7. Ld. Counsel for the petitioner contended that the impugned order is a mechanical order. He contended that the trial Court did not apply its judicial mind. He contended that the trial Court was influenced by irrelevant factors. He contended that abscondence of an accused is not a ground for not releasing the said motor-cycle. He contended that the petitioner is not responsible for absconding of the accused. He contended that the petitioner is registered owner of the said motor-cycle. He contended that the said motor-cycle should be released to the petitioner, otherwise, its condition would further deteriorate.
Crl. Rev. No. 140/2022 Ram Kumar Sharma vs. State Page No. 3 of 7 ANALYSIS:
8. The petitioner has placed a copy of registration certificate of the said motor-cycle. The petitioner is registered owner of the said motor-cycle. The said motor-cycle is not required for investigation. The said motor-cycle is deposited in police malkhana. The said motor-cycle would deteriorate, if it is not released to the petitioner. Release of the said motor-cycle has no relevance to pendency of investigation and abscondence of the accused, namely, Ankit @ Janu.
9. The reasons for dismissal of application filed by the petitioner seeking release of the said motor-cycle are not germane to the factors governing disposal of the case property.
10. In Sunderbhai Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 283, Hon'ble Supreme Court of India emphasized need of expeditious and judicious exercise of power for disposal of case properties kept in police malkhanas under Section 451 Cr.P.C. Hon'ble Supreme Court of India held as under:
"7. In our view, the powers under Section 451 CrPC should be exercised expeditiously and judiciously. It would serve various purposes, namely:
1. owner of the article would not suffer because of its remaining unused or by its misappropriation;
2. court or the police would not be required to keep the article in safe custody;
3. if the proper panchnama before handing over possession of the article is prepared, that can be used in evidence instead of its production before the court during the trial. If necessary, evidence could also be recorded describing the nature of the property in detail; and Crl. Rev. No. 140/2022 Ram Kumar Sharma vs. State Page No. 4 of 7
4. this jurisdiction of the court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles.
* * *
17. In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."
CONCLUSION:
11. It is, therefore, evident that the trial Court failed to exercise jurisdiction vested in it and exercised jurisdiction with material illegality and irregularity on irrelevant factors.
12. The impugned order suffers from manifest jurisdictional error and it deserves to be set-aside and otherwise, it would occasion miscarriage of justice.
13. Accordingly, the criminal revision petition filed by the petitioner is allowed.
14. SHO / IO, PS Burari is directed to release the motor-cycle bearing registration No. DL 11SW 1411 to the petitioner on production of original registration certificate thereof, on furnishing superdari bond in the sum of Rs. 25,000/- to his satisfaction.
15. SHO / IO, PS Burari is further directed to take photographs of the said motor-cycle from various angles. The said photographs and superdari bond be filed with the trial Court.
Crl. Rev. No. 140/2022 Ram Kumar Sharma vs. State Page No. 5 of 7
16. A copy of judgment be given to Ld. Counsel for the petitioner for onward transmission to SHO / IO, PS Burari for immediate action at his end.
17. Trial Court record alongwith a copy of judgment be sent back to trial Court.
18. Revision file be consigned to record room.
Digitally signed by SANJAY SANJAY SHARMA SHARMA Date: 2022.03.16 17:35:53 +0530 Announced in the open Court SANJAY SHARMA-II on this 16th March, 2022 Addl. Sessions Judge-03 (Central) Tis Hazari Courts, Delhi Crl. Rev. No. 140/2022 Ram Kumar Sharma vs. State Page No. 6 of 7 Ram Kumar Sharma vs. State CNR No.: DLCT010048502022 Crl. Revision No. 140/2022 16.03.2022
Fresh criminal revision petition assigned. It be checked and registered. Present : Mr. Indra Narain, Advocate with the petitioner.
Vide separate judgment, the criminal revision petition filed by the petitioner is allowed. The revision file be consigned to record room. Digitally signed SANJAY by SANJAY SHARMA SHARMA Date: 2022.03.16 17:36:06 +0530 Sanjay SharmaII ASJ03, Central District, Tis Hazari Courts, Delhi NK 16.03.2022 Crl. Rev. No. 140/2022 Ram Kumar Sharma vs. State Page No. 7 of 7