Advocates:
['SUMEET METHA', '', 'VIJAY BHATI', 'DILIP CHOUHAN', 'PP']

S. B. CRIMINAL MISC. PETITION NO.1188/2008

SIYA RAM SUTHAR V. STATE OF RAJASTHAN.

DATE: 10/09/2008.

HON'BLE MR. JUSTICE C. M. TOTLA

Mr.Sumit Mehta, for Petitioner (s).

Mr.JPS Chaudhary, PP, for the State.

Issue notice. Learned Public Prosecutor accepts notice on behalf of

State of Rajasthan. This petition under Section 482, Cr.P.C., seeks that

FIR No.287/08, Police Station, Bilara, against petitioner be quahsed and

proceedings against petitioner be dropped. As per petition, in Jeep No.RJ-

19 C 4640, on 14.06.2008, liquor was being transported which seized and

offence under Section 19/54, Excise Act, registered and one Chaina Ram

arrested. Leanred counsel for the petitioner contended that investigating

agency is trying to involve and arrest petitioner, solely because petitioner

is registered owner of the vehicle, whereas in fact, petitioner has sold this

jeep to Chaina Ram – Chaina Ram is arrested – Forms No.29 & 30

requisite for transfer of vehicle handed over to Chaina Ram – Chaina Ram

presenting an appliclation before the Excise Commissioner got vehicle

released in his favour. Contended on these basis that petitioner is no-

where involved. Further argued that no recovery is to be made from the

petitioner. Learned Public Prosecutor contended that the FIR is sufficient

itself and the registration of the vehicle stands in the name of the

petitioner.

Considered and perused FIR. As per petition itself, vehicle is in the

name of petitioner, the petitioner is registered owner – if the petitioner

has sold or for whatever reason, vehicle handed over to Chaina Ram,

then, this is a matter certainly well within the knowledge of investigating

agency. There is no reason to assume that all these alleged facts shall not

be taken into consideration in course of investigation. On the face of it,

no case for quashing of FIR against petitioner is made out. Regarding

arrest etc., it is sufice to say that the petitioner may seek other remedy

as may be available to him as per law. The petition is dismissed.

(C. M. TOTLA), J.