GIRJESH MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition u/S. 482 Cr.P.C. has been preferred for return of the Jeep bearing No. MP 07 B 0452 which was seized in a case registered at Crime No. 328/94, u/Ss. 420, 161, 392, 419 and 506 -B IPC by Police Station Dehat Bhind, District Bhind.

(2.) 1995 (1) Crimes 306, was examined and it was found that the earlier law has been changed by the Supreme Court and now it has been made permissible that petition u/S. 482 Cr.P.C. can be entertained and heard on merits in spite of the revision on the same facts has been dismissed by the Sessions Judge. As such, this petition was entertained and has been taken up on merits. It is not disputed that the petitioner is the owner of the aforesaid Jeep. It is also not disputed that accused Gabbar Singh was a driver of the vehicle. Gabbar Singh has misused this vehicle in commission of the alleged crime and the Jeep was seized later on. The alleged crime committed by Gabbar Singh is his individual act. There is no case of conspiracy that the owner of the vehicle was also involved in the crime. Also there is no allegation that there was any abetment on the part of the petitioner in commission of the said crime. Further, the vehicle was simply misused in the alleged crime and was not used as a carrier or the same was required as a piece of evidence for effective disposal of the trial.

(3.) THIS petition is accordingly allowed. It is directed that the aforesaid Jeep shall be released to the petitioner on his furnishing security to the extent of Rs. 50,000/ - (Rs. fifty thousand only) to the satisfaction of the Chief Judicial Magistrate, Bhind.