1 2025:CGHC:14351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1469 of 2023 Tara Bai W/o Shivan Kumar Aged About 30 Years R/o Village Raildabri, Utarda, Tahsil Hardibazar, Korba, District Korba Chhattisgarh. ... Appellant(s) versus 1 - State Of Chhattisgarh Through - Police Station Kusmunda, District - Korba Chhattisgarh. 2 - Dhan Singh Patel S/o Ramlal Patel Aged About 29 Years R/o Rail Dabri Utarda, Present Address-Renki, Op. Hardibazar, P.S. Kusmunda, District - Korba Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Dharmesh Shrivastava, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Judgment on Board 25.03.2025 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the appellant. Also heard Ms. Smriti Shrivastava, learned Panel Lawyer for the respondent No.1 / State. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. This criminal appeal is filed by the appellant under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 10.03.2022 passed by the learned Special Sessions Judge SC/ST (Prevention of Atrocities) Act, Korba, District- Korba, in Special Case (SCST) No. 40/2021 by which the application filed by the appellant under Section 452 of the Code of Criminal Procedure, 1973 (for short, the Cr.P.C.) has been rejected. 3. Prosecution story in a nutshell is that Shivan Kumar Patel (husband of the appellant) had purchased the seized motorcycle Honda Motorcycle Livo bearing Registration No. CG-12 BC-0833 through the finance. On 07.05.2021, Shivan Kumar Patel (husband of the appellant) committed suicide. After the death of the husband of the appellant, the above motorcycle was seized from her father-in-law Ramlal in connection with Crime No.40/2021 by the Police of Police Chowki, Hardibazar, Police Station Kusmunda, District Korba. The present appellant filed an application before the learned Special Sessions Judge under Section 452 of the Cr.P.C. for releasing of the said vehicle on Supurdnama. The learned trial Court held that according to registration certificate of the seized motorcycle, the name of Shivan Kumar was mentioned as its registered owner. Therefore, the application under Section 452 was liable to be dismissed and on this ground the application was dismissed. Hence, the present appeal. 3 4. Learned counsel for the appellant submits that the husband of the present appellant is the registered owner of the seized motorcycle Honda Motorcycle Livo bearing registration No. CG-12 BC- 0833. On 07.05.2021, Shivan Kumar Patel (husband of the appellant) committed suicide. After his death, the appellant is the only legal heir being the legally married wife of the registered owner of the seized motorcycle. The appellant is very much claiming the supurdnama of the motorcycle on the ground that her husband was the registered owner of the aforesaid motorcycle and police would not be required to keep the motorcycle in safe custody and that the said vehicle is required for the purpose of daily work of the appellant. The seized motorcycle would be of no use to keep in either police station or the learned trial Court and present appellant will produce the same as and when required by the learned trial Court during the course of trial, therefore, the motorcycle may kindly be released on interim custody (Supurdnama) in favour of the appellant. 5. Ms. Smriti Shrivastava, learned Panel Lawyer appearing for the State opposes the submissions made by learned counsel for the appellant and submits that there is no illegality or infirmity in the order passed by the learned trial Court. 6. I have heard learned counsel for the parties and perused the documents appended with the appeal. 7. Considering the submissions advanced by the learned counsel for 4 the parties and having perused the impugned order, this Court concurs with the reasons assigned for dismissal of the application moved by the appellant and as such, this appeal stands dismissed. 8. It has been informed that the trial court record has summoned the records which is enclosed with this appeal. As the matter pertains to the year 2021 and trial is still pending in the case, Registrar (Judicial) is directed to transmit the records of the case to the trial Court concerned within 24 hours, so that the trial may be brought to its logical end. Sd/- (Ramesh Sinha) Chief Justice Akhil