ARPITDEEP SINGH SODHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Arpitdeep Singh Sodhi, the petitioner has brought this petition under the provisions of section 482 of the Code of Criminal Procedure for quashing the orders dated 23.09.2010 (Annexure P-4) and 18.03.2011 (Annexure P-5) passed by learned Sub Divisional Judicial Magistrate, Zira and learned Additional Sessions Judge,Ferozepur respectively whereby his application for repair of car bearing registration No. PB-30F-5454 released on supardari to him has been declined.

(2.) Car No.PB-30F-5454 was involved in a case registered by way of FIR No.84 dated 25.5.2010 at Police Station Zira, District Ferozepur, for an offence punishable under sections 148, 307, 342 and 427 read with section 149 IPC and sections 25 and 27 of the Arms Act, 1959. After the car was recovered by the police, the petitioner applied for release of the same on supardari. The same was released on supardari to the petitioner. However, he applied for permission to get the car repaired which has been declined not only by learned Sub Divisional Judicial Magistrate, Zira vide order dated 23.09.2010 but also by learned Additional Sessions Judge, Ferozepur vide order dated 18.03.2011 before whom the order dated 23.09.2010 was challenged by way of revision petition.

(3.) Learned counsel for the petitioner has contended that the car has been damaged and it is not useable. According to him, without repair, it cannot be used and if it is to be kept as such, it will not be useful for the petitioner. According to him, there could be no objection to the repair of the car because that would not violate the terms of supardari order. He has further submitted that repair of the car is urgently required and has prayed for setting aside the impugned orders and allowing the application of the petitioner.