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2005 Supreme(Raj) 2466

K.K.ACHARYA
Jawahar Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
P.S. Rathore, for Petitioner Vishnu Kachhchwa, Public Prosecutor

Honble ACHARYA, J.–By this criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 22.10.2005 passed by Judicial Magistrate First Class, Marwar Junction, District- Pali whereby the application of the petitioner moved under Section 451/457 Cr.P.C. for releasing the vehicle on supardginama was dismissed.

(2). Learned counsel for the petitioner states that the jeep bearing No. RJ 22 C 2078 was seized by the Transport Department as there was violation of the permit. Learned Magistrate has dismissed the application of the petitioner solely on the ground of jurisdiction. The petitioner is registered owner of the said vehicle. The said vehicle is lying of the case will take long time. Learned counsel for the petitioner argues that criminal court has also jurisdiction to release the vehicle seized by the RTO. In support of his arguments, learned counsel for the petitioner has cited before me the order dated 28.9.2005 passed by this Court in Rakesh Kumar vs. State of Rajasthan. (S.B. Criminal Misc. Petition No. 780/2005). He has also cited before me the judgments passed by this Court in Jetharam vs. State of Rajasthan reported in 2000 Cr.L.R. (Raj.) 6




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