Sanjay Rathore vs State of M.P.

Brij Kishore Dubey, J.—This petition u/s 397 read with Section 401 of Cr.P.C. is preferred by the petitioner, who is claiming to be registered owner of the vehicle in question, being aggrieved by the impugned order dated 04.12.2012 passed in Case No. 69/2012 by Special Judge (under M.P.D.V.P.K. Act), Shivpuri, whereby his application under Sections 451 and 457 of Cr.P.C. for interim release of vehicle bearing No. MP-06-BA-0354 and mobile has been rejected. Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle, Bolaro bearing registration No. MP-06-BA-0354. The police of the Police Station Bairad, District Shivpuri has seized the aforesaid vehicle and one mobile along with sim from the possession of the petitioner in Crime No. 200/12 u/s 394 of IPC and Section 11 /13 of M.P.D.V.P.K. Act, on 25.09.2012. The vehicle was not involved in commission of any offence. The seized vehicle is in possession of the Police Station Bairad, District Shivpuri, and if vehicle is not given to the registered owner as an interim custody, he has to suffer irreparable loss. Learned counsel prays for interim supurdiginama of the aforesaid vehicle along with its papers which were kept in the vehicle. Learned counsel does not prays for supurdiginama of the mobile.

In response, learned Panel Lawyer has supported the impugned order and prayed for dismissal of this petition.

It is transpired from a bare perusal of the record that the police of Police Station Bairad, District Shivpuri has seized the aforesaid vehicle bearing Registration No. MP-06-BA-0354 in Crime No. 200/12 u/s 394 of IPC and Section 11 /13 of M.P.D.V.P.K. Act on 25.09.2012. There is no dispute that the petitioner is registered owner of the aforesaid vehicle.

The Court below has declined to release the vehicle in question on supurdiginama to the petitioner observing that the vehicle has yet to be identified, however, learned Panel Lawyer submits that the proceedings of the identification of the vehicle has been completed by the police.

In view of the aforesaid, the impugned order is having apparent, perversity and as such it requires interference. Therefore, by invoking the powers under u/s 397 read with Section 401 of Cr.P.C., the impugned order is set aside and the application of the petitioner under Sections 451 and 457 of Cr.P.C for interim custody of said vehicle is allowed.

It is directed that if the petitioner-Sanjay Rathore submits supurdiginama i.e. a bond of Rs. 5,00,000/- (Rupees Five Lakhs only) and a solvent surety of like amount to the satisfaction of the concerned Sessions Judge 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 along with its papers be handed over to the petitioner for interim custody. With the aforesaid, this petition is allowed and disposed of.