Reeta Devi vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

By way of this petition, the petitioner has prayed for the following relief:-

“It is, therefore, respectfully prayed that this petition may kindly be allowed and for issuance of the appropriate directions to the respondent to

release the Vehicle in question of the petitioner in the interest of law, justice, equity, & fair play and such further order which this Hon’ble Court

may deems fit and proper, in the facts and circumstances of the present case may kindly be passed in favour of the petitioner in the interest of law

and justice.â€​

Brief facts necessary for the adjudication of the present petition are that according to the petitioner, she is the registered owner of vehicle Max

Pickup bearing registration No. HP-36A-7276, which was purportedly impounded by the Police authorities, Dehra, from the son of the petitioner, on

the allegations of transportation of ‘Khair’ wood in the same without any valid permit in FIR No. 150, registered under Section 41 and 42 of the

Indian Forest Act and Section 379 read with Section 34 of the Indian Penal Code at Police Station, Dehra, District Kangra, H.P.

For the purpose of release of said vehicle, an application was filed by the petitioner in the Court of learned Additional Chief Judicial Magistrate,

Dehra, District Kangra, HP, copy of which is appended with the petition as Annexure P-2. This application was disposed of by the learned Court

below vide order dated 30.10.2020, vide which, the vehicle was ordered to be released in favour of the petitioner subject to the conditions imposed in

the said order. There is also on record a copy of the release order so passed by the learned Court below, which is appended with the petition as

Annexure P-5.

The grievance of the petitioner is that thereafter she approached the authorities concerned vide Annexure P-6 for release of the vehicle, however,

the same, till date has not been released in her favour. It is in this background that the present petition has been filed by the petitioner under Article

227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure praying for appropriate directions to the authorities

concerned to release the vehicle of the petitioner in terms of the order passed by the learned Court below.

Having heard learned Counsel for the petitioner and having perused the documents appended with the petition, in my considered view, as it is the

order passed by the Court of learned Additional Chief Judicial Magistrate, Dehra, which as per the petitioner has not been implemented by the

authorities concerned, the appropriate course for the petitioner is to approach the said Court to seek appropriate directions in this regard, and as of

now, filing of present petition in this Court, is premature.

Accordingly, this petition is disposed of with liberty to the petitioner to approach the Court of learned Additional Chief Judicial Magistrate, Dehra,

afresh for seeking appropriate directions for the purpose of implementation of order dated 30.10.2020. This of course will be subject to legal rights of

the respondent(s).

The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.