VAYU RAJ SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This revision has been directed against the order dated 05.07.2003 passed by Special Judicial Magistrate, Rishikesh, District Dehradun whereby Tata Indica Car No. UA 07 B 7634 was released in favour of its owner Kamiya Singh.

(2.) Having heard learned counsel for either party, it appears that respondent no. 3 Kamiya Singh was wedded with revisionist Vayu Raj Singh on 26.06.2002 and her father Sardar Singh gifted the said car to her daughter. The car was purchased on 27.06.2002 from Oberai Motors, Dehradun for Rs. 3,62,992/-. A copy of sale letter is annexure no. 2 to the counter affidavit. It was purchased in the name of Kamiya Singh. Copy of Insurance of the vehicle is Annexure no. 3 to the counter affidavit, which was valid from 27.06.2002 to 26.06.2003. After marriage, Kamiya Singh came to her matrimonial house along with the said car in IDPL Veerbhadra, within the territorial jurisdiction of police station Rishikesh while her native place is at Rajnagar, Ghaziabad.

(3.) Vayu Raj Singh in order to augment his finances got the nature of this car converted from private vehicle to taxi and accordingly, got issued a duplicate registration certificate from the competent authority at Dehradun. This document of conversion is filed as Annexure no. 3 (2) to the counter affidavit. He also procured a tourist permit for the same from the competent officer on 16.07.2002. This way, it is clear that within three weeks from bringing the car at his residence, Vayu Raj Singh got it converted, as stated above. But soon after marriage, the relations between duo became sour and Kamiya Singh was constrained to leave her matrimonial house. She came to reside with her father at Ghaziabad. It was a natural conduct on the part of Kamiya Singh or her father to make efforts for getting the car back as the same was in possession of Vayu Raj Singh at Rishikesh. So her father filed lodged an FIR on 11.05.2003 at the police outpost IDPL within the territorial jurisdiction of police station Rishikesh bringing all the facts of conversion regarding nature of car by his son-in-law Vayu Raj Singh. Police seized the car and learned Magistrate by passing the impugned order released the car in favour of Kamiya Singh, on the basis of registration certificate, which she procured from the competent authority, as a duplicate one on 10.09.2003. On the application moved by Kamiya Singh Taxi permit of the said car was also cancelled by the concerned ARTO.