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2006 DIGILAW 1836 (RAJ)

Nand Lal @ Nand Ram Meena v. State

2006-05-23

HARBANS LAL

body2006
JUDGMENT 1. - By way of this misc. petition under Section 482 Cr.P.C. petitioner seeks quashing of order dated 8.4.2006 passed by learned Civil Judge (Jr. Div.) and Judicial Magistrate, Kaman (1st Class), District Bharatpur in Cr. Application No. 207/2006 thereby rejecting the application filed by the petitioner under Section 457 Cr.P.C. for the custody of Tractor No. RJ-002-1 R-3810. Petitioner further prayed for a direction from this Court for handing over the custody of the above said tractor to him on superdginama. 2. Heard learned counsel for petitioner Nand Lal @ Nand Ram Meena, learned Public Prosecutor for the State and perused the relevant documents placed before me. 3. It is stated by his learned counsel that the petitioner is the registered owner of the vehicle and there is no claimant of the vehicle and no useful purpose will be served by keeping the vehicle remained in police custody furthermore. 4. Considering the submissions made at the bar, effect that keeping the vehicle in police custody will deteriorate the condition of the vehicle if the same is not handed over to the petitioner and it will be notional wastage, the materials on record and the other facts and circumstances of the case, It deem just and proper to allow this misc. petition U/s. 482 Cr.PC. 5. In the result, this misc. petition under Section 482 Cr.PC. is allowed and the impugned-order dated 8.4.2006 is quashed and it is directed that custody of Tractor No. RJ-02-1 R-5810 be handed over to petitioner Nand Lal @ Nand Ram Meena on his furnishing "Superdginama" in the sum of Rs. 50,000/- undertaking to police the vehicle in question before the investigating officer as and when required, with further stipulations that he shall not alienate, transfer, mortgage, damage and change the nature of the Tractor in any manner whatsoever. Further, He shall not sell the vehicle to anybody else and shall furnish photographs of the Tractor showing its numbers, colour etc.Petition allowed. *******