IN THE COURT OF
ADDITIONAL
SESSIONS JUDGE.
Ar Versus State etc.
Criminal
revision petition No.
Petitioner in
person.
DDPP for State.
JUDGMENT
The instant revision petition is directed against the order dated 00.00.00
passed by learned Allaqa Magistrate XYX Police Station ABC whereby he dismissed an application for superdari of Rickshaw in case FIR No. 00/00 u/s 148/149/302 PPC Police Station ABC
2. The
petitioner submitted that he purchased the Rickshaw from In vide an iqrar
nama and he is in possession of
original registration certificate and original file of the Rickshaw and Iqrar
nama. That Rickshaw is the only source
of his income.
3. Learned
DDPP submitted that he does not have any objection on grant of superdri to
original owner but present petitioner is
not registered owner of the Rickshaw.
4. I
have heard the arguments and perused the record.
5. Brief
facts as alleged in the FIR lodged at
the instance of An complainant are
that on 18.09.0000 he and his sister
were returning to their house on
motorcycle. At about 10:15 AM near Bus stop
Chak accused having pistols in the Rickshaw and three unknown accused
have firearms on a motorcycle arrived. Mf made repeated fires with pistols
which landed on right frank and
abdomen of Ki whereas, one bullet bursted the rear tyre
of motorcycle. The other
co-accused also made firing and raised Lalkara. Ki
was taken to Allied Hospital where she succumbed to injuries.
6. The reason which weighed before the learned
Allaqa Magistrate for dismissing
application of superdari was that Rickshaw
is an important piece of evidence and there is likelihood of its
destruction if given on superdari. The police record shows that
present petitioner was driving the Rickshaw and he is not an accused in the
case. It appears that Rickshaw of petitioner was used by passengers for crime
without involvement of petitioner in the
crime. The petitioner is
in possession of original registration
certificate and original file of the
Rickshaw and he is also in possession of iqrar nama regarding
purchase of Rickshaw by him from the
registered owner. These documents are
returned to petitioner after perusal,
copies whereof are filed by petitioner
today. At this stage, there is no
other claimant of the Rickshaw. The
Rickshaw is source of income of
petitioner. The impugned order suffers from perversity of reasoning and
illegality of approach. While granting the petition, the impugned order is set aside and the
application for superdari of Rickshaw
moved by the petitioner is
granted subject to furnishing surety bond in the sum of Rs. 100,000/- with one surety in the like amount to the
satisfaction of the learned Magistrate. Petitioner is bound to produce
the said Rickshaw as and when required by the court. Copy of this order be sent to the learned
Magistrate. File be consigned to the record room after its due
completion.
Announced
Judge
It is certified that this order consists of two pages, each page dictated, corrected and
signed by me.
Judge
No comments:
Post a Comment