ANMOL BUS SERVICE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has preferred this Criminal Misc. petition under Section 482 Cr.P.C. against the order dated 24-9-2012 passed by the Additional Sessions Judge No. 2, Alwar in Criminal Revision Petition No. 267/2012 whereby the learned revisional Court by dismissing the revision petition filed by trie petitioner has upheld and affirmed the order dated 1-8-2012 passed by the Judicial Magistrate No. 2, Alwar in Criminal Misc. Application No. 272/2012 whereby the application filed by the petitioner under Section 451/457 Cr.P.C. for releasing the vehicle (Bus) bearing Registration No. RJ-14-PA-9914 on "Supurdginama" was dismissed.

(3.) Brief relevant facts for the disposal of this petition are that the aforesaid vehicle, whose registration certificate stands in the name of the petitioner, was seized by the District Transport Officer, Alwar on 26-5 2012 on the premises that Rs. 5,01,464/- are due against it as tax and a demand notice for the payment of the same has already been issued by Taxation Officer, Jaipur but despite the demand being made, due tax has not been paid and the vehicle was being plied by using wrong number plate bearing registration NO.RJ-32-PA-0097. The petitioner filed an application under Section 451/457 Cr.RC. with a prayer to release the aforesaid vehicle on his "Supurdginama" which was opposed by the respondent and the learned Magistrate after hearing both the parties dismissed the application vide order dated 1-8-2012 on the ground that under the provisions of Rajasthan Motor Vehicles Taxation Act, 1951 (hereinafter to be referred as "the Act"), Criminal Court has no jurisdiction to release a vehicle seized under the provisions of the Act. Feeling aggrieved by the aforesaid order, the petitioner filed revision petition before the revisional Court and the same was dismissed vide order dated 24-9-2012. Still dissatisfied, the petitioner is before this Court by way of this Criminal Misc. petition.