MOHAMMED KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal revision petition under Sec. 397/401 Cr.P.C. against the order dtd. 27/10/2021 passed by learned Special Judge, Electricity Cases, Jaisalmer in Criminal Case No. 118/2021 pertaining to FIR No. 113/2021 registered at Police Station Sangad, District Jaisalmer for the offences under Ss. 136, 137 and 139 of the Electricity Supurdginama Act, whereby the application for handing over the seized Bolero Pick Up was filed by the Power of Attorney of the Registered owner was rejected.

(2.) As per the prosecution case, the offending vehicle was used for electricity theft. After investigation, the police found that one Mustaq Khan executed power of attorney in favour of the petitioner Mohammed Khan (petitioner herein) for releasing the vehicle in question on 'Supurdginama'.

(3.) The trial court has rejected the application filed under Sec. 451 Cr.P.C. by the petitioner seeking interim custody of the vehicle in question on the ground of not submitting the application by the registered owner of the Bolero Pick Up.