Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 1121 (RAJ)

Soniya Jindal D/o Shri Ramniwas Jindal v. State of Rajasthan Through PP

2017-05-02

PANKAJ BHANDARI

body2017
JUDGMENT/ORDER : Mr. Pankaj Bhandari, J. 1. Petitioner has preferred this misc. petition seeking cancellation of supurdaginama of vehicle Tata Safari Decor-8-CM-7914 of which the petitioner is registered owner. 2. It is contended by the counsel for the petitioner that the vehicle was released on supurdginama in terms of the order dated 27.02.2013 passed in Civil Writ Petition No. 1983/2013. 3. It is contended that after release of vehicle, the vehicle was again seized by the Police and was later released in favour of the petitioner vide order dated 19.09.2014 passed by learned Metropolitan Magistrate No. 5/Central, Delhi. The vehicle, after it was released on supurdaginama, met with an accident and was completely damaged, upon which the petitioner applied to the Court at Delhi for cancelling the supurdaginama. 4. The prayer of the complainant was allowed vide order dated 07.10.2016 by MM(C10)/THC/Delhi and the supurdaginama of the vehicle was cancelled and the owner was given liberty to dispose of the same. 5. It is stated by the counsel that the petitioner applied before the Court below to cancel the supurdaginama which was given in compliance of the order passed by the High Court in Civil Misc. Writ Petition No. 1983/2013. 6. Learned Public Prosecutor has stated that the vehicle was released in favour of the petitioner on 19.09.2014. 7. I have considered the contentions. 8. The vehicle in question has been damaged to this extent that it is not in a position that it can be repaired and the Court at Delhi has cancelled the supurdaginama with relation to the said vehicle. 9. Considering the photographs of the vehicle and also the fact that the supurdaginama of the vehicle has been cancelled by Delhi Court, application of the petitioner deserves to be allowed. 10. Supurdaginama given by the petitioner in compliance of the directions of this Court given in Civil Misc. Writ Petition No. 1983/2013 is cancelled. 11. The criminal misc. petition is, accordingly, allowed. Copy of this order be sent to the Court below. Stay application also stands disposed of.