RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has filed this criminal misc. petition under Section 482 Cr.P.C. against the order dated 6.1.2015 passed by the Additional Sessions Judge, Kotputali, District Jaipur in Criminal Revision Petition No.1/2015 whereby the learned Revisional Court while dismissing the revision petition filed by the petitioner upheld and affirmed the order dated 17.12.2014 passed by Additional Chief Judicial Magistrate, Kotputali in respect of FIR No.502/2014 registered at Police Station Pragpura whereby the learned trial Court dismissed the application under Sections 451 & 457 Cr.P.C. filed by the petitioner with a prayer to temporarily release the seized JCB bearing Registration No.RJ.32-EA-0376 (Chasis No.183207962011) on 'Superdginama'.

(3.) Brief relevant facts for the disposal of this petition are that aforesaid FIR came to be registered on 1.11.2014 for the offence under Section 379 IPC and for the offence under Section 21/4 of M.M.R.D Act, 1957 and Rules 48 & 68 of the Rajasthan M.M.C.R. Rules, 1986 on the premise that the aforesaid JCB was found engaged in the work of illegal mining. Petitioner claiming to be registered owner of the aforesaid JCB filed application under Section 451 & 457 Cr.P.C. before the trial Court but the same was dismissed mainly on the ground that National Green Tribunal (Central Zone) Bench Bhopal (hereinafter referred to as the 'Tribunal') vide order dated 13.10.2014 passed in Application No.116/2013 has ordered that each and every vehicle found engaged in illegal mining is liable to be impounded. It was further held by the learned trial Court that as the power to impound a seized vehicle now vests in the Tribunal, trial Court has no jurisdiction to release a seized vehicle. The order dated 17.12.2014 was challenged by the petitioner by way of the aforesaid revision petition, but without any success. The learned Revisional Court also observed that in view of the order passed by the Tribunal, Criminal Court has no jurisdiction to release such vehicle under Section 451 & 457 Cr.P.C.