KALI BAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition u/S. 482 Cr.P.C. is directed against the order dated 22nd November, 1997 passed by the learned Civil Judge (Jr. Division) and Judicial Magistrate, Ist Class, Abu Road in Criminal Case No. 354/97. By the impugned order, the learned Judicial Magistrate rejected the application filed by the petitioner u/s 457 Cr.P.C. for releasing the vehicle (Jeep) No.GJ 9/5159.

(2.) On 27th November, 1997 when the petition came for hearing, after hearing the learned counsel for the petitioner, the Court deemed it fit to issue notice to the non petitioner to show cause why the petition should not be admitted and finally disposed of. Record of the lower Court was also called. On 14-12-97, the arguments were heard in part. On 8-12-97, after taking into consideration the facts and circumstances of the case, it was ordered that a notice be issued to the concerned Transport Authority to show cause why the petition should not be admitted and finally disposed of. On 4th July, 1998, the Public Prosecutor represented before the Court that she had received a communication from the R.T.O., Sirohi along with the copy of the challan prepared at the time of seizure of the jeep. In view of the submissions made by the Public Prosecutor, notice to R.T.O., Sirohi was dispensed with, because the R.T.O., Sirohi was represented by the Public Prosecutor.

(3.) The learned counsel for the petitioner has submitted that in view of the authorities cited before the learned Judicial Magistrate, the application filed by the petitioner u/s. 457 Cr.P.C. was maintainable and it should have been disposed of on merits and that the learned Judicial Magistrate was not justified in rejecting the application on the ground that he had no jurisdiction to entertain the application.