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2016 DAILYLAW 1910 (RAJ)

SHRI NIWAS v. STATE OF RAJASTHAN AND ORS

CRLMP/2386/2016 · 2026-03-05

Anoop Kumar Dhand

body2016

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.2386/2016 Shri Niwas son of Sh. Chhitar Mal Sharma, resident of Village Rahlana Tehsil Dudu Distt. Jaipur (Rajasthan). ----Petitioner Versus 1. State of Rajasthan through P.P. 2. Sarajan Begum wife of Shahbuddin, resident of Bhind Idgha, Majhela Road, Madanganj Kishangarh, District Ajmer (Rajasthan). 3. Hanif Mohmmad son of Khaju Khan, resident of Bihind Girls School, Simariyon Ka Mohalla, Naya Shahar, Kishangarh, District Ajmer (Rajasthan). 4. Indusind Bank through its Manager, near R.K. Community Center, Kishangar, Distt. Ajmer. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 05/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 25.08.2015 passed by the Additional Civil Judge and Judicial Magistrate, Kishangarh, District Ajmer, by which the application filed by the petitioner under Section 451 and 457 Cr.P.C. seeking supurdagi of the vehicle trailer bearing No.RJ14-GD-8000 has been rejected on the ground that the delivery of the same has been claimed by three different persons and the ownership of three different persons over the vehicle in question is disputed and looking to the fact that the investigation was pending, hence, considering the (2 of 2) [CRLMP-2386/2016] facts and circumstances of the case, the application submitted by the petitioner has been rejected. 2. The only reason for passing the impugned order by the Trial Court, wherein the application submitted by the petitioner has been rejected, is that there is a dispute with regard to title/ownership over the vehicle in question, as the matter was lying pending before the Investigating Agency. 3. This Court deems it just and proper to dispose of the instant petition granting liberty to all the parties to file appropriate application seeking supurdagi of the vehicle in question, in case, the vehicle in question has not been released in favour of any of the parties claiming possession over the same and in case, no orders have been passed. 4. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/15