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2020 DIGILAW 261 (RAJ)

Mangilal v. State of Rajasthan

2020-01-28

MANOJ KUMAR GARG

body2020
JUDGMENT 1. The present criminal revision petition has been filed under Section 397 read with Section 401 Cr.P.C. against the order dated 26.04.2019 passed by the learned Additional Sessions judge, Sangaria, District Hanumangarh in Session Case No.02/2018, by which the trial court cancelled the Supardignama and jamanatnama and ordered the S.H.O, Police Station Sangaria to seize the jeep No.PB-05B 9090. 2. Learned counsel for the petitioner submits that owner of the jeep was Subhash (respondent No.2). He sold the vehicle to Roopa Ram S/o Mamraj (respondent No.3) and Roopa Ram sold the said vehicle to Roop Ram (respondent No.4), who is father of the petitioner. Learned counsel further submitted that earlier, the order was passed by the learned Additional Sessions Judge, Sangaria, District Hanumangarh vide order dated 04.04.2018 releasing the said vehicle in favour of the petitioner and all of sudden, the same court cancelled the release of the said vehicle. The said jeep is lying with the petitioner. It is prayed that the jeep bearing registration No.PB-05B 9090 may be ordered to be released in favour of the petitioner. The petitioner will not misuse the liberty granted to him. 3. Learned counsels appearing for the respondents do not oppose the prayer of the petitioner. 4. I have considered the arguments advanced before me and perused the documents available on record. 5. Earlier, the aforesaid vehicle was released in favour of the petitioner by the learned Additional Sessions Judge, Sangaria, District Hanumangarh vide order dated 04.04.2018 passed in Criminal Misc. Case No.53/2018 and the same court forfeited the said vehicle. Taking into account the facts and circumstances of the case, the order dated 26.04.2019 passed by the learned Additional Sessions Judge, Sangaria deserves to be set aside. 6. Accordingly, the criminal revision petition is allowed and the order dated 26.04.2019 passed by the learned Additional Sessions Judge, Sangaria is set aside. It is ordered that the jeep No.PB 05B 9090 as per the order passed by the trial court on 04.04.2018 be kept with the petitioner. The issue with regard to the registered owner shall be decided at the final disposal of the case by the trial court.