ASGAR ALI Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in this petition is to order/judgment dated 12.12.2013 (P -7) passed by learned Judicial Magistrate, Ist Class, Tohana whereby the prayer of the petitioner for release of truck bearing registration No. UP -12T -3095 on superdaari was declined and order dated 29.03.2014 dismissing the revision petition of the petitioner.

(2.) THE case of the petitioner is that he is owner of the truck UP -12T -3095. This truck was previously owned by Babu Ram who sold the same to the petitioner on 15.09.2012 before registration of the present case and power of attorney was also executed in favour of the petitioner on 29.09.2012 and the F.I.R. was registered on 19.10.2012 at P.S. Sadar, Tohana subsequently. However, as per registration certificate of the vehicle, its registered number is UP -12T -3095 as per registration certificate issued by the registering authority, Muzaffar Nagar (UP) in the name of Babu Ram of Phika Ram, resident of Muzaffar Nagar. On the RC the earlier registration number of the aforesaid vehicle is HR -37 -S -9186. Further the chasis number of the vehicle has been deeply erased. The metallic strip bearing the engine number has been found to have been removed and in this regard report from FSL Madhuban is being sought. The earlier registration number of this vehicle was HR -37 -S9186 of registration authority, Faridabad. On enquiry by the I.O., the Registering Authority, Faridabad informed it does not relate to their district even though on the previous registration certificate, it is endorsed that the same has been issued by RTA, Faridabad. It was mentioned that this number pertains to RTA, Ambala. I.O. has also obtained report from RTA, Ambala who stated that HR -37 -S9186 was not allotted by their office. Further it was found that NOC for transfer of this vehicle was issued by RTA Mewat and on this, report was sought from RTA who has also stated that NOC issued relating to this vehicle was never issued by their office and it does not bear signature of any of their officials. As per the report of the FSL, Madhuban, the numbers mentioned on axle, rear axle and other axle were fake. Thus, the true identity of the vehicle which was issued in the crime relating to the present F.I.R. was not proved as its chasis number and engine number were tampered with and no record regarding the original owner of this vehicle from whom the same was transferred in favour of Babu Ram, the alleged vendor of petitioner is not established. Babu Ram has also been declared Proclaimed Offender. Thus, the revision was dismissed which was filed against the order dated 12.12.2013 whereby the application was dismissed which was for releasing the aforesaid truck on superdari to the petitioner.

(3.) THE petition is dismissed.