GARIB RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been taken up for hearing through video conferencing.

(2.) This petition under Section 482 of Cr.P.C. has been preferred by the petitioner herein whose vehicle has been involved in commission of offence under Sections 279, 337 and 338 of Indian Penal Code, 1860 read with Section 186 of Motor Vehicle Act, 1988. He moved an application under Section 451 of Cr.P.C. for grant of interim custody of his vehicle. The said application was allowed by learned Judicial Magistrate First Class, Ambikapur vide order dated 13/06/2020 (Annexure P/1) directing the petitioner to deposit a sum of ? 2,00,000/- in cash or Bank guarantee of equivalent amount, against which the petitioner preferred a revision. Learned revisional Court affirmed the order passed by the Judicial Magistrate and vide order dated 13/06/2020 (Annexure P/1) dismissed the revision against which the present petition has been filed by the petitioner herein.

(3.) Mr. Rakesh Pandey, learned counsel for the petitioner, would submit that both the Courts below have concurrently and gravely erred in relying upon Section 240-A of Chhattisgarh Motor Vehicles (Amendment) Rules, 1994 and directing the petitioner to deposit the amount of 2,00,000/-, ? as such, the order passed by the Judicial Magistrate as well as the order passed by the revisional Court, deserve to be set aside.