SANTOSH MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mr. R.K. Sogarwal, learned counsel for the petitioner has filed the aforesaid Cr. Misc. Petition under Section 482 CrPC for quashing and setting aside the order dated 5.10.2019 passed by the trial court and affirmed by the revisional court vide its order dated 2.11.2019 in Cr. Revision Petition No. 184/2019 as also for releasing the tractor and trolley of the petitioner.

(2.) At the out-set, learned counsel for the petitioner submits that similar controversy has been dealt with by the Coordinate Bench of this Court vide order dated 3.2.2020 in S.B. Cr. Misc. Petition No. 2723/2019 titled Asharam Versus State of Rajasthan and other connected matters, wherein the impugned orders were quashed and set-aside and the aforesaid cr. misc. petitions were allowed with certain directions. He further submits that there is no rival claimant of the tractor and trolley in question. If the tractor and trolley are not released in favour of the petitioner, they would be reduced into junk of nobody's use. He further submits that the vehicle in question is not required by the police for investigation purpose and no confiscation proceedings have been initiated against the same. He further submits that the police failed to fairly investigate into the matter as to whether they were being used for carrying the gravel. The grounds on which the impugned orders have been passed are not legally sustainable, hence the tractor and trolley are required to be released.

(3.) Learned PP appearing for the State is not in a position to deny the aforesaid factual aspect of the matter.