IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR th ON THE 29 OF MAY, 2024 MISC. CRIMINAL CASE No. 18971 of 2023 BETWEEN:-

SALIM @ SALMAN SHEIKH S/O BUNDU SHEIKH THROUGH AAM MUKHRIYAR SULTAN SHEIKH S/O BUNDU SHEIKH, AGED ABOUT 32 YEARS, OCCUPATION: DRIVER R/O GRAM NAGDA DISTT. DEWAS (MADHYA PRADESH)

.....APPLICANT (BY SHRI SHAHID SHAIKH, ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION INDUSTRIAL AREA DEWAS (MADHYA PRADESH)

2. ATIRIKT JILA DANDADHIKARI MAHODAYA COLLECTOR KARYALAYA SAYA JI GATE, A. B.

ROAD, DEWAS (MADHYA PRADESH)

3. COMMISSIONER UJJAIN KOTHI PALACE, UJJAIN (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI S. S .THAKUR, GOVT. ADVOCATE APPEARING ON BEHALF OF ADVOCATE GENERAL).

This application coming on for admission this day, the court passed the following:

ORDER

1] This Miscellaneous Criminal Case has been filed by the petitioner under Section 482 of the Cr.P.C., against the order dated 20.4.2023 (Annexure P/1), passed by the Additional District Magistrate, Dewas, whereby, the Signature Not Verified petitioner's application for supurdagi of the vehicle has been rejected on the ground that the Second Additional Sessions Judge, Ujjain in Cr.R. No. 08/2023, vide its order dated 16.3.2023, has stayed the order of confiscation dated 14.1.2020 (Annexure P/2), passed by the Additional District Magistrate, Dewas (M.P.).

2] Learned counsel for the petitioner has submitted that subsequently the petitioner was convicted in the criminal case No. 2494/2019 by the trial court vide its order dated 13.09.2023, and against which, an appeal bearing Criminal Appeal No. 241/2023 was preferred by the petitioner before the Third Additional Sessions Judge, Dewas whereby, the learned Judge has acquitted the petitioner from the offence vide its order dated 19.4.2024. Thus, it is submitted that the respondent No.2 be directed to decide the petitioner's application for supurdagi of the vehicle afresh in the light of the aforesaid order of acquittal passed by the Third Additional Sessions Judge, Dewas.

3] Prayer being reasonable. Accordingly, the petition is hereby allowed and disposed of, with a direction to the petitioner to file a fresh application for supurdagi of the vehicle before the Additional District Magistrate, Dewas within a week' time, and the Additional District Magistrate is also directed to decide the same in accordance with law and also taking into account of the order of acquittal passed by the Third Additional Sessions Judge, Dewas dated 19.4.2024, within a further period of two weeks from the date of receipt of the certified copy of this Court.

4] It is made clear that this Court has not reflected upon the merits of the case.

5] With the aforesaid directions and observations, the present M.Cr.C.

stands allowed and disposed of.

Signature Not Verified Certified copy, as per rules.

(SUBODH ABHYANKAR)

JUDGE moni Signature Not Verified