Punjab-Haryana High Court
Amit Kumar Alias Vishal Kumar Gupta And ... vs State Of Punjab And Others on 20 September, 2013
Author: Ritu Bahri
Bench: Ritu Bahri
Crl. Misc. No. M-17056 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl. Misc. No. M-17056 of 2013 (O&M)
Date of decision : 20.09.2013
Amit Kumar alias Vishal Kumar Gupta and anr. ....Petitioners
versus
State of Punjab and others ...Respondents
CORAM: Hon'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Yogesh Goel, Advocate
for the petitioner
Mr. Daljeet Singh Virk, AAG, Punjab
****
RITU BAHRI , J. (Oral)
The present petition under Section 482 Cr.P.C is for setting aside the order dated 05.12.2012 and 01.03.2013 passed by the learned trial Court (P-1 and P- 3 respectively) and order dated 22.04.2013 whereby the application of the petitioner for release of vehicle i.e Indica Car has been dismissed.
Reply filed on behalf of the State, is taken on record.
The undisputed facts in the present case are that F.I.R No. 233 dated 22.11.2009 u/s 420/467/468/471/379/411/120-b IPC at Police Station Phase No. 8, District S.A.S Nagar Mohali was registered on the basis of secret information received by ASI Pawan Kumar, HC Harminder Singh, HC Suminder Singh and HC Pareveen Kumar that Sunil Kumar, Sandeep, Harminder Singh and Raju @ Sukhminder Singh have formed a gang and prepare false driving licences and fake Arora Gaurav 2013.09.28 11:49 I attest to the accuracy and integrity of this document Crl. Misc. No. M-17056 of 2013 (O&M) -2- RC of vehicles at Mohali on fake addresses and by preparing fake identities, they got financed luxury vehicles from banks and then by preparing fake papers they same the same to gullible persons. The leader of the gang is Sunil Kumar who is also wanted by the Delhi Police. When the police raided the place, they recovered one indica car bearing registration No. CH18(T) 2758 Enigne No. 021438, Chasis No. 39341 from the possession of Sukhwinder Singh alias Raju on 22.11.2009. The present petitioner has purchased the said car in the name of Vishal Kumar Gupta after obtaining loan from State Bank of Patiala, Panchkula after pasting his photographs on the loan papers. In the above background, F.I.R was registered against the petitioner.
After presentation of the challan, charges were framed on 12.12.2011 and the case is fixed for prosecution evidence on 23.09.2013.
Learned counsel for the petitioner submits that the application of the petitioner for release of vehicle has been declined on the ground that NOC issued by the Bank in the Court of SDJM Mohali that Rs. 4 lacs was advanced in the name of Vishal Kumar Gupta and the said bank has no concern after discharging of the loan liability and they have no objection if the car is released to the petitioner.
On notice, a reply has been filed on behalf of respondent Nos.1 and 2 stating therein that the police has no objection for the release of the car on superdari to the petitioner.
Since the bank who had give the loan to the petitioner, had received the loan amount and had issued a NOC, this Court is of the view that the indica car bearing registration No. CH18(T) 2758 Enigne No. 021438, Chasis No. 39341 be Arora Gaurav 2013.09.28 11:49 I attest to the accuracy and integrity of this document Crl. Misc. No. M-17056 of 2013 (O&M) -3- released on superdari to the petitioner to the satisfaction of the trial Court subject to the conditions imposed by the trial Court, as the trial is likely to take some time, no useful purpose would be served by keeping the vehicle parked in the premises of Police Station.
Orders dated 05.12.2012 passed by JMIC S.A.S Nagar, Mohali and 01.03.2013 passed by the learned trial Court (P-1 and P-3 respectively) and order dated 22.04.2013 passed by Additional Sessions Judge, SAS Nagar, Mohali are set aside.
Petition stands allowed.
20.09.2013 (RITU BAHRI) G.Arora JUDGE Arora Gaurav 2013.09.28 11:49 I attest to the accuracy and integrity of this document