JUDGMENT 1. - This petition under section 482 Cr.PC. is directed against the order dated 26.4.2000 passed by learned Judicial Magistrate, Kumbhalgarh. Dist. Rajasmand in Crl. Case No. 168/2000 whereby the application of the petitioner for taking the jeep on superdginama has been rejected on the ground that registration certificate produced by him is not legible and secondly this vehicle has been used for committing the offence under section 457 and 380 I.P.C. 2. The learned counsel for the petitioner submitted that the petitioner is the registered owner of the vehicle which is legible from the registration to certificate. Moreover, the petitioners also has insurance policy which is also in his name which also lends support to the version that he is the registered owner of the vehicle as stated by him in the application. It is therefore argued that the driver and other persona have been challenged for the offences Under section 457 and 380 I.P.C. No case has been found against the petitioner. The police has not filed any challan against him. Therefore, at this stage, there is no material to even prima facie say that the petitioner was also involved in the alleged offence. 3. Learned Public Prosecutor opposed the petition supporting the order. 4. I have perused the registration certificate which has been little washed by water but still it is somewhat legible to form and opinion. Moreover, the petitioner has also got insurance policy in his favour. There is no other claimant of the vehicle before us. So far as the offence is concerned, no presumption or inference can be drawn against the petitioner for simply being a registered owner of the vehicle when the police has not made out any case against him. 5. In view of the circumstances, I am of the view that the impugned order suffers from illegality and deserves to be set aside. In the result, the petitioner's instant petition is allowed. The impugned order dated 26.4.2000 is hereby set aside. The vehicle in question RJ-25C-0978 in ordered to be released to the petitioner on furnishing superdginama in the sum of Rs.
In the result, the petitioner's instant petition is allowed. The impugned order dated 26.4.2000 is hereby set aside. The vehicle in question RJ-25C-0978 in ordered to be released to the petitioner on furnishing superdginama in the sum of Rs. 50,000/- to the satisfaction of the trial court with the stipulation of produce the vehicle in the court as the when ordered to do by the trial court till the disposal of the case and not to materially change its condition and also not to sale it without prior permission of the court. A photograph of the vehicle shall also be furnished by the petitioner to the trial court for placing it on record in the file.Order accordingly. *******