MANISH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition, under Section 482 of the Code of Criminal Procedure has been maintained by the petitioner against the order dated 24.10.2018, passed by learned Additional Sessions Judge, Kullu, District Kullu, H.P. in Criminal Revision No. 13 of 2018, whereby order dated 19.07.2018, passed by learned trial Court was upheld, wherein application filed by the petitioner for release of vehicle was allowed, subject to furnishing bank guarantee or deposit of Rs. 4,20,000/-.

(2.) Briefly stating facts giving rise to the present petition are that the petitioner filed an application before learned Additional Sessions Judge, Kullu, under Section 457 Whether reporters of Local Papers may be allowed to see the judgment? Yes Cr. P.C. for release of vehicle No. HP-01K-4988, which was impounded by the Police in case FIR No. 98/2018, dated 04.05.2018, under Sections 279, 337 and 304-A IPC. In the application, it has been prayed that the vehicle in question is a commercial vehicle and has been financed with KCC Bank, Bajaura and the petitioner has to pay back the loan amount to the said bank.

(3.) Reply to the application has been filed, wherein it has been averred that the petitioner is registered owner of the vehicle in question and the police has no objection in case the vehicle is released to him. Further, it has been reported that the petitioner could not produce insurance certificate of the vehicle before the police. However, the applicant filed latest insurance certificate of the vehicle, wherein present insurance value of the vehicle was Rs. 4,20,000/-.