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2023 Supreme(Raj) 314

ASHOK KUMAR JAIN
Milap Enterprises Smt. Kusum Devi (Proprietor) – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Praveen Vyas.
For the Respondent: Mukhtiyar Khan.

ORDER :

1. The present petition has been filed being aggrieved from the order dated 02.11.2012 passed by the learned Additional Sessions Judge, Sirohi in Criminal Revision No. 132/2012 whereby the order dated 11.092012 passed by the learned Judicial Magistrate, Sirohi in Regular Criminal Case No. 542/2012 titled as State of Rajasthan vs. Teja Ram and Others, was upheld.

2. The facts of the case are that an application on behalf of the present petitioner for release of Vehicle Scorpio No. RJ-16-UA-0481 was filed before the learned trial Court but the learned trial Court while observing the fact that Teja Ram is the registered owner of the vehicle in question and M/s Milap Enterprises has no locus except to provide loan for purchase of the vehicles. This analogy was further upheld by the learned revisional Court.

3. Learned counsel for the petitioner submits that the registration certificate itself indicates that the vehicle in question was purchased by Mr. Teja Ram under a hypothecation agreement from the present petitioner and this hypothecation was also registered in registration certificate by the concerned transport authority. He further submits that petitioner being a financier is

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