BURANSAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. to quash the order dated 12.04.2019 passed in Criminal Revision Petition No.16/2019 by the Prl. Sessions Judge/Special Judge, Vijayapura and the order dated 06.02.2019 passed by the Addl. Civil Judge & JMFC Sindagi, in Kalkeri P.S. Crime No.6/2019 rejecting the application filed under Section 457 Cr.P.C. and to pass order for interim release of the vehicle namely tractor bearing Reg.No.KA-28/TA-2294 and trailer bearing Reg.No.KA-28/TA-2295.

(2.) The facts briefly stated are that the petitioner being the registered owner of the vehicle namely the tractor bearing No.KA-28/TA-2294 and trailer bearing No.KA-28/TA-2295 had filed application for release of the said vehicle before the Addl. Civil Judge & JMFC Court, Sindagi, as the said vehicle was seized in Crime No.6/2019 for the offences punishable under Section 379 IPC, on the allegations of theft of sand by making use of the said vehicle. The said application was rejected. Being aggrieved by the said order, the petitioner had preferred Criminal Revision Petition before the Prl. Sessions Judge/Special Judge, Vijayapur. On hearing the parties, the revision petition was dismissed on the reason that both tractor and trailer were used for committing similar offences within a period of one month from the date of release of the said vehicle as per the earlier order passed by the Civil Judge & JMFC Sindagi, in Kalkeri P.S. Crime No.159/2018 vide order dated 08.01.2019 and also that the petitioner has failed to produce the documents particularly registration certificate to show the ownership of the said vehicle. Being aggrieved by the order passed by the learned Special Court, the petitioner has challenged the said order.

(3.) Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and perused the records.