RAVINDRABHAI THAKORBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ORIGINAL applicant in Criminal Misc.Application No.11 of 2007 in Palsana Police Station II C.R.No.1070 of 2006 is before this Court being aggrieved by the order passed by the learned Principal Senior Civil Judge and Judicial Magistrate First Class, Bardoli dated 07.02.2007.

(2.) MS .Soni, for Mr.M.P.Shah, learned Advocate for the petitioner submitted that the learned JMFC has committed an error in not granting the application filed by the petitioner. She submitted that though it is mentioned in the order that in normal circumstances, on appropriate conditions, the vehicle is to be handed over to the owner of the vehicle, but in the present case, as the vehicle was used by applying duplicate number plate, the learned JMFC did not think it fit to order the custody of the vehicle to the petitioner.

(3.) HAVING heard the learned Advocate for the petitioner and learned Additional Public Prosecutor for the State, the revision application is allowed. Order dated 07.02.2007 is hereby quashed and set aside. The matter is remanded to the learned JMFC, Bardoli for deciding afresh in view of the observations made by this Court. It is reiterated that what is required in such cases is to see that the interest is best protected and the balance is strike between the parties.