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2021 DAILYLAW 2465 (RAJ)

HARIBALLABH SON OF BAJRANG LAL, v. STATE OF RAJASTHAN

CRLMP/6076/2021 · 2026-03-06

Anoop Kumar Dhand

body2021

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6076/2021 Hariballabh Son Of Bajrang Lal, Resident Of Mawasa, Through His Power Of Attorney Chauthmal Son Of Prabhulal, Resident Of Khajuri, Police Station Devli Manjhi, District Kota (Raj). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : None present For Respondent(s) : Ms. Manju Dave, PP JUSTICE ANOOP KUMAR DHAND Order 06/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 17.03.2021 passed by the Judicial Magistrate Kanwas, District Kota by which the application submitted by the petitioner for obtaining the supurdagi of the vehicle in question has been conditionally allowed, directing the petitioner to deposit the compounding fee of the said vehicle with the Department of Mines. 2. It appears that aggrieved by the aforesaid order, the petitioner approached the Revisional Court by way of filing Revision Petition No.11/2021. However, the same has been rejected by the court of Additional Sessions Judge, Ramganjmandi District Kota vide order dated 17.08.2021. 3. Aggrieved by both the orders, the petitioner has approached this Court by way of filing the instant criminal misc. petition. (2 of 2) [CRLMP-6076/2021] 4. The order dated 17.03.2021 has been passed by the Court of learned Judicial Magistrate, Kanwas District Kota on the basis of the judgment passed by the Division Bench of this Court at Principal Seat at Jodhpur in the case of Khem Singh Vs. State of Rajasthan while deciding D.B. Civil Writ Petition No.4239/2019 and the co-ordinate Bench of this Court in the case of Naval Singh Vs. State of Rajasthan while deciding S.B. Criminal Misc. Petition No.2670/2020, wherein the Division Bench of the Principal Seat at Jodhpur as well as the co-ordinate Bench of this Court has taken a view that in case of seizure of vehicle with regard to the offence pertaining to mines, the compounding fee of the seized vehicle is required to be deposited. 5. On the basis of the aforesaid view taken by the co-ordinate Benches of this Court in the above stated cases, the condition has been imposed upon the petitioner to deposit the compounding fee of the vehicle in question for obtaining the same on supurdagi. 6. In the considered opinion of this Court, both the courts below have not committed any error in passing the order impugned, which requires any interference of this Court and the instant misc. petition is liable to be and is hereby rejected. 7. Stay application as well as all pending applications, if any, also stand rejected. (ANOOP KUMAR DHAND),J Karan/25