ASHRUDDIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C for quashing of Order dated 02.09.2011 passed by the Judicial Magistrate Ist Class, Charkhi Dadri as well as Order dated 28.09.2011 passed by the Additional Sessions Judge, Bhiwani, vide which the application of the petitioner for releasing Truck no.HR-27J-5560 on superdari was dismissed in case FIR No.247 dated 14.08.2011 registered under Sections 147, 149, 353, 186 and 435 IPC at Police Station Sadar Dadri, District Bhiwani. Briefly the facts of the case are that the FIR, in question, was registered and truck of the petitioner was taken into possession on 14.08.2011 and since then, the vehicle, in dispute, is standing in Police Station Sadar Dadri, District Bhiwani. The application was moved by the petitioner, being the registered owner, for superdari of said truck which was dismissed by the Judicial Magistrate Ist Class, Charkhi Dadri vide Order dated 02.09.2011 on the ground that the vehicle, in dispute, is unfit for use and its repair cannot be done being a case property. The petitioner challenged the said Order by way of filing revision petition before the Additional Sessions Judge, Bhiwani which was also dismissed.

(2.) Aggrieved, the petitioner has filed the present petition to challenge both the Orders passed by the Courts below on the ground that he being registered owner of the truck is entitled to get the same on superdari and the truck is a source of his livelihood and his family is dependent on the income earned through it. Learned counsel also submits that the trial may take some time to conclude and in case, the truck, in dispute, is not released on superdari, it will not only decrease the price or value of the vehicle but the family of the petitioner would be deprived from the income earned through the said vehicle. Learned counsel further submits that the truck has been taken on loan and the instalments of the said truck are to be paid. Ultimately, the argument of learned counsel for the petitioner is that the petitioner is ready to abide by all terms and conditions to be imposed by the Court and no purpose would be served by keeping that truck in the Police Station and with the passage of time, the condition of that truck would be deteriorated.

(3.) Learned counsel for the State opposes the release of truck, in question, on superdari on the ground that the Orders passed by both the Courts below are well reasoned and the truck is already in damaged condition because of accident and in case, any repair work is done, that will amount to change of case property.