Madhya Pradesh High Court
Kailash Kushwah vs The State Of Madhya Pradesh on 7 April, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
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HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-16309-2022
(Kailash Kushwaha Vs. State of M.P.)
Gwalior, Dated : 07/04/2022
Shri Prem Singh Bhadauriya, learned counsel for the petitioner.
Shri Ramadhar Chaubey, learned Public Prosecutor for the
respondent/State.
The present petition under Section 482 of Code of Criminal Procedure has assailed the order dated 27/03/2021 passed by 3 rd Additional Sessions Judge, Bhind, District- Bhind (M.P.) in Cr.R No.37/2021 affirming the order dated 05/02/2021 passed by the JMFC, Bhind, District- Bhind (M.P.) in Criminal Case No.108/2021(RCT), whereby the application under Section 451 of Cr.P.C. has been dismissed.
The brief facts leading to filing of this case are that FIR was registered against the petitioner at Crime No.21/2021 by Police Station- Bhind, District- Bhind (M.P.) for the offences punishable under Sections 379 and 414 of the IPC and further added Sections 3, 181, 5, 180, 146, 177 and 77 of the Motor Vehicles Act stating therein that on 27/01/2021, during patrolling at about 1:10 PM in the noon, one John Deere tractor alongwith trolly bearing Registration Number- MP30-AA-9796 was seen going from Indurkhi to Gorai which was stopped by the police personnels and the driver- Deepu Kushwaha was asked to show valid documents of loaded sand but he was not having any valid documents and royalty for transporting the said sand. Thereafter, the said tractor- trolly was seized 2 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-16309-2022 (Kailash Kushwaha Vs. State of M.P.) and the said driver was arrested by the respondent.
The petitioner being owner of the said tractor- trolly filed an application under Section 451 of Cr.P.C. before the trial Court for releasing the tractor- trolly on supurdginama which was dismissed vide order dated 05/02/2021. Thereafter, the petitioner filed a Criminal Revision No.37/2021 before the Court of 3 rd Additional Sessions Judge, Bhind, District- Bhind (M.P.) which was also dismissed vide order dated 27/03/2021.
Learned counsel for the petitioner submitted that he is the owner of the tractor- trolly and the fine has already been imposed by the Collector to the tune of Rs.25,000/- and the same has been deposited by him but concerned SHO did not release the said vehicle even after depositing the fine by the petitioner and order of Collector itself contains the direction of release of vehicle. The petitioner is not involved in the case directly or indirectly and the tractor- trolly are equipment for using in the agriculture work which requires continuous maintenance and if it is kept locked, the engine and other parts of the said tractor will be out of order and the same will become useless for any work.
Learned counsel for the petitioner further submitted that there is no use of keeping the tractor- trolly in police custody for years till the trial is over. Trial is not likely to conclude in near future and take long time. In 3 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-16309-2022 (Kailash Kushwaha Vs. State of M.P.) such circumstances, it would be just and proper to release the said tractor- trolly vehicle of the petitioner.
On the other hand, learned State counsel opposed the prayer and submitted that the Court below has rightly rejected the application. He further submits that no palpable error on the face of record has been pointed out by learned counsel for the petitioner in the order impugned. The said vehicle would be required during the trial for describing the nature of the property in detail, therefore he prays for dismissal of the instant petition.
Heard learned counsel for the rival parties. In view of the aforesaid, this Court is of the considered opinion that the Court below did not take into consideration that keeping vehicle and other items in the police station for a long period is of no use. The court below ought to have passed appropriate orders by taking appropriate bond and guarantee as well as security for return of the vehicle and other items.
Accordingly, impugned order dated 27/03/2021 passed in Cr.R. Case No.37/2021 by 3 rd Additional Sessions Judge, Bhind, District- Bhind (M.P.) as well as order dated 05/02/2021 passed by JMFC, Bhind, District- Bhind (M.P.) in Criminal Case No.108/2021 (RCT) are hereby set-aside.
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HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR MCRC-16309-2022 (Kailash Kushwaha Vs. State of M.P.) It is directed that on proving ownership of tractor- trolly by the petitioner and furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lac Only) to the satisfaction of the JMFC/CJM concerned, the aforesaid tractor-trolly bearing Registration Number-MP30-AA-9796 be released on Supurdginama, subject to following conditions :
(1) That, the petitioner shall produce the said tractor- trolly before the trial Court as and when directed to do so; (2) That, in the meantime, he shall not alienate the tractor-
trolly or make use of the same for any unlawful purpose; (3) That, he shall not carry out any change in the colour and outward appearance of the said vehicle.
With the aforesaid directions, this petition under Section 482 of Cr.P.C. stands allowed.
Certified copy/e-copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde 4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB 9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.04.08 11:44:32 +05'30'