JAIPAL SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed to invoke the inherent jurisdiction of this Court and to set aside the order dated 02.05.2015 passed by I Additional Sessions Judge, Ashok Nagar, in S.T. No. 43/15 by which the learned Trial Court has disallowed the application for releasing the seized Tractor No. MP 67 AA 0162 and its trolley allegedly involved in Crime No. 210/14 registered at Police Station Kachnar, district Ashok Nagar, for the offences under Sections 302, 201, 120(B), 109, 404, 34 of IPC. Allegedly the tractor was involved in the crime because the tractor was used for deliberately dashing against the Maruti Car in which Gopal Singh was seated. Due to this dashing with the car and subsequent events, Gopal Singh died.

(2.) Learned Trial Court on filing an application under Sections 451, 457 Cr.P.C., rejected the same, stating that the tractor may be again used for commission of crime and the tractor is a subject of evidence.

(3.) On behalf of the petitioner, it is submitted that the tractor has been seized on 08.11.2014 and since then it is stationed in open and is subjected to corrosion and it will be damaged if not used.