DHARAMPAL Vs. STATE

JUDGEMENT

(1.) The Magistrate has acted most arbitrarily and against the established legal procedure. When the custody of the vehicle had been given to its registered owner in a case under section 279 and 304A I.P.C. there was no necessity of withholding the documents i.e. the Registration Certificate and Insurance Certificate. It is the duty of the Court to see that no harassment is caused to the parties and I cannot understand the relevance and logic of the order of the learned Magistrate who acted most arbitrarily and not as a Judicial Magistrate. In the instant case when the vehicle had been given to the custody of his registered owner what necessity would have been in retaining the registration certificate and the Insurance Certificate.

(2.) It is hereby ordered that the Registration Certificate and Insurance certificate shall be returned to the petitioner. The displeasure of the court may be communicated to the magistrate concerned and the copy of this order may be tagged with her personal file. A copy of the order may be sent to the Registrar Rajasthan High Court for doing the needful.