SHYAM SINGH RATHORE SON OF HANUMAN SINGH RATHORE v. STATE OF RAJASTHAN
CRLMP/1116/2025 · 2025-05-15
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8121 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8121 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20477] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1116/2025 Shyam Singh Rathore Son Of Hanuman Singh Rathore, Resident Of Gha-1, Bhawani Nagar, Sikar Road, Jaipur, District Jaipur. ----Petitioner/Applicant Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent/Non-Applicant For Petitioner(s) : Mr. Dilip Singh Jadaun For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 15/05/2025
Learned counsel for the petitioner has submitted that the petitioner has consented to the terms of the order dated 02.12.2024 passed by learned trial Court, wherein, learned Court has placed reliance upon the judgment passed by Hon’ble Apex Court in Jai Prakash Vs. National Insurance Co. Ltd. & Ors. reported in (2010) 2 SCC 607. The relevant para of the same is reiterated as below:-
“Where there is no insurance cover for a vehicle, the owner should be directed to offer security or deposit an amount, adequate to satisfy the award that may be ultimately passed, as a condition precedent for release of the seized vehicle involved in the accident. If such security or cash deposit is not made, within a period of three months, appropriate steps may be taken for disposal of the vehicle and hold the sale proceeds in deposit until the claim case is
disposed of. The appropriate Government may consider incorporation of a rule on the lines of Rule 6 of the Delhi Motor Accident Claims Tribunal Rules, 2008 in this behalf.” In light of the above cited judgment and order dated 02.12.2024, it is submitted that the goods/vehicle in question can
[2025:RJ-JP:20477] (2 of 2) [CRLMP-1116/2025] be sold and sale proceeds be deposited with the concerned authority until the claim case is adjudicated. Accordingly, the present petition is disposed of. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J JKP/10