JAGJIT KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a revision petition against the order dated 16.02.2010 passed by the learned Additional Sessions Judge, Sonepat vide which the application of the petitioner for the release of Car (Indica) bearing registration No. DL-4C-R8332 on superdari was dismissed.

(2.) Undisputedly, the petitioner is a registered owner of the aforesaid Car. The trial Court has dismissed her application for release of the vehicle in question on superdari only on the ground that the same was effectively used in commission of heinous crime punishable under Section 302 of Indian Penal Code.

(3.) Learned counsel for the petitioner has placed reliance on the judgements rendered by this Court in the cases of Pardeep Kumar v. State of Haryana, 2007 1 RCR(Cri) 284 and Krishan Kumar v. State of Haryana, 2007 1 RCR(Cri) 281 as also on the judgement rendered by the Hon'ble Apex Court in the case of Sunderbhai Ambalal Desai v. State of Gujrat, 2003 AIR(SC) 638 to contend that the impugned order is completely contrary to the provisions of Sections 451 of the Code of Criminal Procedure, which envisage that the power conferred under this section should be exercised expeditiously and judicially for the disposal of the property.