Whether person from whom truck is seized should be made party in supratnama application?

 By the present application, the applicant who claims to be the registered owner of truck bearing registration No. CG-04-JA-9263 seeks to exercise the powers under Section 482 of the Code of Criminal Procedure for quashing and setting aside rejection of the application preferred by him under Section457 of the Code of Criminal Procedure. The truck in question was seized in connection with Crime No. 7/13 registered by Police Station Darwha. It is not in dispute that the said truck was seized from possession of one Vinod Dhusia.

 After hearing the parties, it is found that the party from whose possession the truck was seized was not made party to the application for return of the property preferred by the applicant before the Judicial Magistrate First Class. Having regard to the same and having regard to the fact that said application being solely decided by taking into consideration the truck being not seized from possession of the applicant and without taking into account or deciding the question whether the applicant was having a superior title over the said truck, this application deserves to be disposed of by quashing and setting aside the order impugned with a direction to the applicant to add said Vinod Dhusia as a party to the application preferred and further direction to the Judicial Magistrate First Class to decide the said application afresh in accordance with the law in the light of the observation made hereinabove.IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Criminal Application (Apl.) No. 539 of 2013

Decided On: 22.10.2013

Appellants: Jasvant Singh Pyara Singh Sandhu
Vs.
Respondent: State of Maharashtra

Hon'ble Judges/Coram:P.D. Kode, J.

Citation: 2014ALLMR(Cri)1756

1. Heard. Rule. Returnable made forthwith. Mr. T.A. Mirza, learned APP appears waiving service for the respondent. Heard finally by consent of parties.

2. By the present application, the applicant who claims to be the registered owner of truck bearing registration No. CG-04-JA-9263 seeks to exercise the powers under Section 482 of the Code of Criminal Procedure for quashing and setting aside rejection of the application preferred by him under Section457 of the Code of Criminal Procedure. The truck in question was seized in connection with Crime No. 7/13 registered by Police Station Darwha. It is not in dispute that the said truck was seized from possession of one Vinod Dhusia.

3. After hearing the parties, it is found that the party from whose possession the truck was seized was not made party to the application for return of the property preferred by the applicant before the Judicial Magistrate First Class. Having regard to the same and having regard to the fact that said application being solely decided by taking into consideration the truck being not seized from possession of the applicant and without taking into account or deciding the question whether the applicant was having a superior title over the said truck, this application deserves to be disposed of by quashing and setting aside the order impugned with a direction to the applicant to add said Vinod Dhusia as a party to the application preferred and further direction to the Judicial Magistrate First Class to decide the said application afresh in accordance with the law in the light of the observation made hereinabove.

4. Rule made absolute in the above terms. In view of disposal of main application, Criminal Application (APPP) No. 1117/2013 also stands disposed of.

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