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2025 DAILYLAW 5876 (RAJ)

RASHID S/O YAMEEN v. STATE OF RAJASTHAN

CRLMP/731/2025 · 2025-08-25

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:33690] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 731/2025 Rashid S/o Yameen, R/o House No. 21, Village Tabli, District Mujaffarnagar, U.p. ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/08/2025 1. It has been stated that petitioner is proprietor of M/s R.D. Trading Company, whose vehicle came to be seized in connection with FIR No.386/2022 registered at Police Station Maniya, District Dholpur for offences u/s. 3, 5, 6 & 8 of the Rajasthan Bovine Act. Petitioner moved an application to release the vehicle, which has been dismissed by the concerned Collector and District Magistrate, vide order dated 21.10.2024, whereagainst petitioner has invoked the inherent jurisdiction of this Court under Section 528 BNSS, 2023 (erstwhile Section 482 of Cr.PC), by way of filing instant petition. 2. Counsel for petitioner stats that no confiscation proceedings in respect of seized vehicle, has yet been started, but without extending any heed over this aspect, the concerned Collector dismissed the prayer of petitioner to release the vehicle, summarily, hence the order impugned suffers from non-exercise of jurisdiction. [2025:RJ-JP:33690] (2 of 2) [CRLMP-731/2025] 3. Be that as it may, counsel for petitioner, in the light of judgment dated 1st July 2024, delivered by this Court in case of S.B. Criminal Miscellaneous (Petition) No. 2097/2024: Rameshwar Vs. State of Rajasthan, prays to convert the present criminal misc. petition into criminal writ petition. 4. In view of prayer of counsel for petitioner, Office is directed to convert the present criminal misc. petition into criminal writ petition. Necessary amendments including filing of amended cause title etc. be carried out within a period of one week. 5. List the matter after two weeks. (SUDESH BANSAL),J Sachin/1