LAWS(MPH)-2023-6-77

SARAFAT KHAN Vs. STATE OF MADHYA PRADESH

Decided On June 20, 2023
Sarafat Khan Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The applicant has filed this application under Sec. 482 of CrPC assailing order dtd. 4/5/2023 passed by this Court in MCRC 19425 of 2023.

(2.) It is submitted by Shri Pathak that in compliance of order dtd. 4/5/2023 passed by this Court the applicant submitted a regular Supurdginama to hand over his tractor-trolley to him. In the impugned order, the tractor is ordered to be delivered not the trolley while the fact is that the attached part of tractor is also a trolley and the same has to be handed over automatically. It is further contended that the applicant's tractor- trolley is currently seized due to which the applicant is not able to do his agricultural work, therefore, it is prayed that impugned order may kindly be modified with a direction to hand over the tractor-trolley to the applicant. Argument advanced by counsel for the applicant appears to be reasonable and is hereby accepted. Accordingly, it is directed that on proving ownership of tractor-trolley by applicant and furnishing adequate surety to satisfaction of Court below, the tractor-trolley be given on Supurdginama to applicant subject to conditions enumerated in the impugned order. With the aforesaid modification, MCRC stands disposed of.