IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 23 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 6220 of 2026 PRIYANKA JATAV Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Yash Sharma - Advocate for the petitioner [P-1].

Ms Anjali Gyanani - Public Prosecutor for respondent/State.

Shri Hemant Singh Rana - Advocate for respondent [COMP].

ORDER This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioner assailing the order dated 28.01.2026 passed by the learned Judicial Magistrate First Class, Dabra, District Gwalior, whereby the application preferred by the petitioner for grant of supurdgi of vehicle i.e.

Baleno car bearing Registration No. MP-07-CF-7225 has been rejected. 2. Learned counsel for the petitioner submits that the petitioner is the widow of Late Shri Vivek Raje, who was the registered owner of the aforesaid vehicle. It is submitted that the husband of the petitioner was brutally murdered on 09.06.2025 due to a financial dispute. In respect of the said incident, Crime No. 0164/2025 dated 17.06.2025 has been registered at Police Station Dabra Dehat, District Gwalior and Sessions Trial No. 72/2025 is pending before the Court of IV Additional Sessions Judge, Dabra. The matter is presently sub judice before the Trial Court.

3. It is further submitted that after the death of her husband, the petitioner went to her parental home at Village Barotha along with her one- year-old daughter, Kavya. Upon returning to her matrimonial home at Amarpura Kheri, Dabra, she found that the said vehicle was missing from in front of the house. When the petitioner inquired about the vehicle from her mother-in-law, Smt. Sunita Raje, no satisfactory explanation was furnished. The petitioner thereafter submitted a written complaint dated 11.11.2025, which was forwarded to Police Station Dabra Dehat.

4. Learned counsel further submits that on 22.11.2025, the petitioner personally saw the said vehicle being driven by Devendra Jatav, son of her mamiya sasur, along with other persons. The petitioner immediately informed the police and the vehicle was traced parked near a temple and a government school at Village Khiriya Raimal. Thereafter, the petitioner submitted a written complaint dated 24.11.2025 before the Superintendent of Police, City Center, Gwalior, Madhya Pradesh. It is contended that the vehicle in question has been illegally taken and used by Respondent No. 2 without any lawful authority, despite the fact that the registered owner has expired and the petitioner, being his widow and natural legal heir along with her minor daughter, is the rightful claimant. Owing to the dispute between the petitioner and her mother-in-law, the vehicle was subsequently kept in the premises of Police Station Dabra Dehat.

5. It is further submitted that the petitioner had earlier filed an application for release of the vehicle before the Court of learned Judicial Magistrate First Class, Dabra. However, the said application was rejected vide order dated 28.01.2026 without properly appreciating that the petitioner is the widow of the deceased registered owner and the lawful claimant of the vehicle. The learned Magistrate has erred both in law and on facts in declining to grant supurdgi of the vehicle bearing Registration No. MP-07- CF-7225, despite the admitted position that Late Shri Vivek Raje was the registered owner and the petitioner is his natural legal heir.

6. It is further contended that the vehicle is presently lying in the premises of Police Station Dehat Dabra, exposed to sun and rain, and its condition is continuously deteriorating. The vehicle is not required for the purpose of investigation nor is it involved in the commission of any offence. Therefore, keeping the vehicle idle in open conditions serves no useful purpose and is causing irreparable loss and hardship to the petitioner. In such circumstances, the impugned order deserves to be set aside and the