Dileep Singh Chauhan vs State of M.P.

D.K. Paliwal, J.—With the consent of counsel for the parties, matter is heard finally.

This revision petition u/s 397/401 of Cr.P.C. is preferred by the petitioner against the order dated 27.11.2013 passed by the Special Judge Bhind, District Bhind in Sessions Trial No. 76/2013, whereby the application filed by the petitioner under Sections 451 and 457 of Cr.P.C. for releasing Motorcycle bearing No. M.P.07-M.K.7090 in interim custody has been rejected.

Brief facts of the case are that the complainant along with Anil was going to purchase buffalo. They were having a cash of Rs. 45,000/-, as soon as they reached near hospital, two persons on civil dress met them, they told that they are police personnel and asked the complainant to accompany them to Kotwali and forcibly took the complainant on the motorcycle and thereafter one of the person has taken out cash from the pocket of the complainant and after alighting from the motorcycle, they fled away. On the report, a Crime No. 465/2013 has been registered at Police Station City Kotwali, District Bhind. During investigation the motorcycle bearing registration No. M.P.07-M.K.7090 has been seized. The petitioner has filed an application for giving the aforesaid vehicle on supurdiginama which has been dismissed by the learned Trial Court holding that vehicle can be confiscated. Being aggrieved this revision petition has been filed by the petitioner.

In response, learned Public Prosecutor supported the impugned order and prayed for dismissal of this revision petition.

Considering the aforesaid facts and circumstances of the case and the fact that petitioner is a registered owner of the vehicle bearing Registration No. M.P.07-M.K.7090 and the vehicle is not a looted property, in such circumstances, the learned Trial Court ought to have granted the interim custody of the vehicle to the petitioner. In my opinion the learned Trial Court has committed illegality in rejecting the prayer of the petitioner. Hence, the impugned order cannot be allowed to stand and by invoking the revisional jurisdiction, the impugned order dated 27.11.2013 is set aside. The learned Trial Court is directed to release the vehicle Motorcycle bearing Registration No. M.P.07-M.K. 7090, if the petitioner who claimed to be registered owner of the vehicle submits supurdiginama i.e. a bond of Rs. 50,000/- (Rupees Fifty Thousand only) and a solvent surety of like amount to the satisfaction of the concerned Magistrate with an undertaking that he will not transfer the aforesaid vehicle or create third party interest over the vehicle in any manner and also that whenever it would be required by the Court, the same will be produced on his own expenses at the place as would be directed in this regard, then the said vehicle be handed over to the petitioner for interim custody.

With the aforesaid, revision petition is allowed and disposed of.