Arjun Lal Vs. State of Rajasthan

Arjun Lal vs State of Rajasthan

Disposition Petition allowed Court Rajasthan Decided May 27, 1998

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Citation: sooperkanoon.com/764763
Court: Rajasthan High Court
Judge: Ashok Parihar, J.
Decided On: May 27, 1998
Case Number: Criminal Misc. Petition No. 730 of 1997
Subject: Criminal
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

- - State of Rajasthan 1998 Cr LR (Raj) 307. While taking note of various provisions of Motor Vehicles Act as well as Criminal Procedure Code this Court also distinguished the earlier judgment in Mohd.

Key legal issue: Criminal
Outcome / disposition: Petition allowed
Acts & sections: Motor Vehicles Act, 1988 - Sections 207; Code of Criminal Procedure (CrPC) - Sections 451 and 457

Parties & Advocates

Appellant / Petitioner

Arjun Lal

Advocate Manish Shishodia, Adv.

Respondent

State of Rajasthan

Advocate S.K. Vyas, Public Prosecutor

Legal References

Acts: Motor Vehicles Act, 1988 - Sections 207; Code of Criminal Procedure (CrPC) - Sections 451 and 457
Cases Referred: Transport Commissioner v. Sardar Ali
Reported In: 1998CriLJ3524

Excerpt

- - state of rajasthan 1998 cr lr (raj) 307. while taking note of various provisions of motor vehicles act as well as criminal procedure code this court also distinguished the earlier judgment in mohd......the vehicle against 'supardginama'. the application was rejected by the concerned magistrate vide order dated 8-8-97 along with five more similar applications. the magistrate while relying on a judgment of this court in s.b. cr. misc. petition no. 675/97 (state v. mohd. nisar) decided on 17-7-97 held that he has no powers to release the vehicle on 'supardginama' in a case where the alleged offence is under section 207 of the motor vehicles act.2. the provisions of motor vehicles act, 1988 and section 457, cr.p.c. have again come up for consideration before this court in case of noor khan v. state of rajasthan 1998 cr lr (raj) 307. while taking note of various provisions of motor vehicles act as well as criminal procedure code this court also distinguished the earlier judgment in mohd. nisar's case (supra). the court while relying on a judgment of apex court in the case of transport commissioner v. sardar ali air 1983 sc 1225 : 1983 cri lj 1506 held that jurisdiction of criminal court to entertain the application under section 457, cr.p.c. is not ousted in view of specific provisions in section 207 of the motor vehicles act. after having carefully gone through the judgment of this court in noor khan's case (supra), i find justification to take a contrary view.3. accordingly, the petition succeeds and is hereby allowed. the impugned order dated 8-8-97 so far as application of petitioner in case no. 144/97 is set aside. the case is remitted back to the special judge (mobile) cum additional chief judicial magistrate, udaipur to decide the application under section 457, cr.p.c. afresh on furnishing certified copy of this order. the learned magistrate is expected to decide the petition expeditiously after giving a short notice to state.

Full Judgment

ORDER

Ashok Parihar, J.

1. The vehicle of the petitioner was seized by the Mobile Magistrate on the ground of carrying passengers for commercial gain without valid permit from the Regional Transport Authority. The petitioner filed an application under Sections 451 and 457, Cr.P.C. before the Mobile Magistrate seeking interim custody of the vehicle against 'Supardginama'. The application was rejected by the concerned Magistrate vide order dated 8-8-97 along with five more similar applications. The Magistrate while relying on a judgment of this Court in S.B. Cr. Misc. Petition No. 675/97 (State v. Mohd. Nisar) decided on 17-7-97 held that he has no powers to release the vehicle on 'Supardginama' in a case where the alleged offence is under Section 207 of the Motor Vehicles Act.

2. The provisions of Motor Vehicles Act, 1988 and Section 457, Cr.P.C. have again come up for consideration before this Court in case of Noor Khan v. State of Rajasthan 1998 Cr LR (Raj) 307. While taking note of various provisions of Motor Vehicles Act as well as Criminal Procedure Code this Court also distinguished the earlier judgment in Mohd. Nisar's case (supra). The Court while relying on a judgment of Apex Court in the case of Transport Commissioner v. Sardar Ali AIR 1983 SC 1225 : 1983 Cri LJ 1506 held that jurisdiction of criminal Court to entertain the application under Section 457, Cr.P.C. is not ousted in view of specific provisions in Section 207 of the Motor Vehicles Act. After having carefully gone through the judgment of this Court in Noor Khan's case (supra), I find justification to take a contrary view.

3. Accordingly, the petition succeeds and is hereby allowed. The impugned order dated 8-8-97 so far as application of petitioner in Case No. 144/97 is set aside. The case is remitted back to the Special Judge (Mobile) Cum Additional Chief Judicial Magistrate, Udaipur to decide the application under Section 457, Cr.P.C. afresh on furnishing certified copy of this order. The learned Magistrate is expected to decide the petition expeditiously after giving a short notice to State.

Same Court & Year Rajasthan · 1998 Same Parties Arjun Lal vs State of Rajasthan Same Subject Criminal Same Judge Ashok Parihar, J. Acts & Sections Motor Vehicles Act, 1988 - Sections 207; Code of Criminal Pro...

Criminal