HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2416/2022

Shankar Singh Son Of Shri Bhanwar Singh, Resident Of

Tipukhera Police Station Jharda District Ujjain (Mp).

----Petitioner

Versus

State Of Rajasthan, Through The P.p.

----Respondent

For Petitioner(s)

:

Mr. J.S. Rathore with Mr. Dharmendra

Chaudhary for Mr. Harendra Singh

Sinsinwar

For Respondent(s)

:

Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

22/03/2022

1.

Petitioner has preferred this criminal misc. petition aggrieved

by order dated 13.1.2022 passed by learned Special Judge

(SC/ST) POA Cases Jhalawar whereby the Revisional Court

affirmed the order dt. 7.4.2021 passed by learned Chief Judicial

Magistrate, Jhalawar, whereby learned trial court has rejected the

application moved by the petitioner u/s 451 Cr.P.C. for supurdagi

of the tractor No.MP13-AB-2333 with trolley.

Learned counsel for the petitioner submits that petitioner is

the registered owner of the alleged vehicle in question.

Learned counsel for the petitioner submits that presently

vehicle in question is lying in police station and condition of the

vehicle be rusted day by day. No purpose will be fulfilled to keep

the vehicle in police station. Whenever court’s order to produce

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[CRLMP-2416/2022]

the vehicle, he would produce the vehicle before the court. So, the

vehicle in question be released on supurdagi.

I have considered the contentions.

The criminal misc. petition filed by the petitioner is allowed.

The orders passed by the learned trial court as well as revisional

court are set aside. The custody of the tractor No.MP13-AB-2333

with trolley be handed over to the petitioner subject to petitioner

furnishing a security of Rs.10 lacs before the court below.

The stay application stands disposed of.

(NARENDRA SINGH DHADDHA),J

Brijesh 64.