AFJAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner has preferred this criminal misc. petition under Sec. 482 Cr.P.C. against the order dt. 04.03.2014 passed by Additional Sessions Judge No. 1, Behror, District Alwar in respect of FIR No. 19/2014 registered at Police Station Neemrana for the offences under Secs. 3, 5, 8, 9 & 10 of Rajasthan Bovine Animal (Prohibition of Slaughter & Regulation of Temporary Migration of Export) Act, 1995 whereby the learned trial Court dismissed the application filed under Sec. 451 Cr.P.C. filed by the petitioner to release the seized vehicle in his 'Superdginama' only on the ground that the evidence is still to be recorded in the original case.

(2.) ON consideration of submissions made on behalf of the respective parties and the material made available on record and more particularly looking to the reasons recorded by the trial Court in support of the impugned order, I am of the view that the matter requires reconsideration by the trial Court and to pass an appropriate and fresh order in accordance with law. I am also of the view that an application for release of a vehicle under Sec. 451 Cr.P.C. cannot be dismissed only on the ground that the evidence is still to be recorded in the original case. The Court is required to consider whether the person filing the application is entitled for release of the vehicle and whether looking to the nature of the offence and in the facts and circumstances of the case, the same is to be released at the initial stage of the trial Court, but the learned trial Court failed to consider all these aspects of the matter. Consequently, the misc. petition is partly allowed and the impugned order dt. 04.03.2014 is set aside and it is directed to the learned trial Court to reconsider the application and to pass appropriate and fresh order in accordance with law except on the ground that evidence is still to be recorded in the original case.