LAWS(P&H)-1996-10-101

CHAND RAM Vs. STATE OF HARYANA

Decided On October 04, 1996
CHAND RAM Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE petitioner Chand Ram was challaned for an offence under Section 207 of the Motor Vehicles Act on the ground that he was using the Jugar (a sort of tractor assembled by the petitioner himself) on 2.7.1995 on the public road without registration No. and without the relevant documents, like the registration certificate. He was directed to appear before the Court of Chief Judicial Magistrate Rewari on 16.7.95. It is also stated that the Jugar has been seized. The petitioner filed an application before the Chief Judicial Magistrate Rewari (Annexure P2) for return of the said vehicle on supardari. According to the petitioner, the said application was dismissed and the revision filed by him before the Addl. Sessions Judge Rewari was also dismissed on 11.8.95. Therefore, the petitioner has approached this court under Article 227 of the Constitution of India for the issue of a writ of certiorari quashing the order of the learned Sessions Judge dated 11.8.1995 rejecting his request for the release of the vehicle and for directing 2nd respondent to release the vehicle on supardari. He has also prayed for the quashing of the challan Annexure P1.

(2.) THE respondents filed a reply stating that on 2.7.95, the Jugar in question was seized from the public road and was impounded under Section 207 of the Motor Vehicles Act and that no registration certificate or any other document was shown by the petitioner. The other allegations made in the petition have been denied/controverted except that the petitioner moved for the release of the vehicle before the Chief Judicial Magistrate and the Sessions Judge but failed.

(3.) THIS petition stands disposed of accordingly.