GOPAL LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition under Sec. 482 Crimial P.C. is directed against the order dated 27.11.2009 passed by the Sessions Judge, Dausa in Criminal Revision No. 111/2009, by which the revision petition filed by the petitioner has been partly allowed but the vehicle of the petitioner has been ordered to be given on 'Supurdagi' on submitting a bank guarantee of Rs. 3.00 lacs, as also against the order dated 05.11.2009 passed by the Additional Chief Judicial Magistrate, Mahwa, District Dausa in Criminal Case No. 45/2002 directing to deposit a sum of Rs. 3.00 lacs before submitting 'Supurdaginama' and surety bond.

(2.) Learned counsel for the petitioner submits that petitioner is the registered owner of vehicle in question i.e. Mahindra Jeep bearing Registration No. RJ-05/C-0167. In support of his submissions, he also placed reliance on the judgment rendered by this Court in the case of Hari Mohan Agarwal Vs. State of Raj. & Anr., reported in 1996(2) RLR 595 , wherein this Court held that " criminal court has no power to go into question of title- A person from whose possession the property is taken is the person entitled to possession thereof unless he can be shown to have committed offence in respect of the same- As the R-2 was in lawful possession of the truck and the same was taken into possession from him, R-2 was entitled for its delivery on 'superdginama' ".

(3.) I have heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the orders impugned dated 05.11.2009 and 27.11.2009 passed by the trial Court and the Revisional Court respectively. I have also gone through the judgment referred by the learned counsel for the petitioner in support of his submissions.