RAJEEV AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri Vinod Prakash Advocate for the applicant and learned A. G. A. for the State. On the agreement between the parties, this application is finally heard.

(2.) THIS is an application challenging the order dated 1-7-2005 passed by the Chief Judicial Magistrate, Jhansi in a Misc. Application No. Nil of 2005 in a case, State v. Mangal Singh, under Sections 279, 337, 338, 304a, 427 I. P. C. read with Section 179 of the Motor Vehicle Act, Police Station Nababad, District Jhansi, arising out of case Crime No. 1224 of 2005. The learned Magistrate has refused to release the vehicle No. DLP 5240 in favour of the applicant. The vehicle was registered in the name of Smt. Kapoori Devi, wife of Gauri Shanker Agarwal. A carriage permit No. PHTP 55/68 was issued in respect of the vehicle which is a bus of 1992 model. Smt. Kapoori Devi was grandmother of the applicant. Smt. Kapoori Devi died and all the family members had agreed amongst themselves that the vehicle be transferred in the name of the applicant. Affidavits were filed in favour of the applicant by the family members which was in form of a no objection/consent for transfer of permit. The affidavits have been annexed as Annexure-2 to the affidavit. However, the vehicle met an accident on 19-6-2005 in respect of which a first information report was registered at case Crime No. 1224 of 2005. The applicant applied for release of the vehicle vide application dated 21-6-2005 which is annexed as Annexure-3 to the affidavit. A report was called for in respect of the vehicle under the orders of the District Magistrate/ Collector, Jhansi regarding actual and legal heir of Smt. Kapoori Devi. Tehsildar inquired into the matter and submitted a report. Annexure-4 is a letter issued by the District Magistrate, Jhansi to the Secretary U. P. S. R. T. C. apprising him that the Tehsildar has submitted a report on 3-6-2005 that the permit PHTP 55/86 STA State/96 and vehicle No. DLIP No. 5240 Model 1992 is to be transferred in the name of the present applicant. The vehicle was also being run under his supervision. The report of the Tehsildar was appended to the letter of the District Magistrate. All these documents were brought on record before the Chief Judicial Magistrate, Jhansi and he was also apprised of the fact that on the basis of no objection issued by other heirs of late Smt. Kapoori Devi, permit of the vehicle stood transferred in the name of the applicant. The tax receipts of the vehicle were also submitted in the name of the applicant but the learned Magistrate rejected the application vide order dated 1-7-2005 for the reason that there are six children of late Smt. Kapoori Devi and the registration is not in the name of the applicant, he cannot be said to be the sole owner of the vehicle. Accordingly he refused to release it in his favour, hence this application.

(3.) FOR the reasons discussed above, this application is finally allowed. Application allowed. .