Heard Mr.DJ Joshi, learned advocate for the applicant and Mr.Raval, learned APP for respondent - State.
The instant application is filed to quash and set-aside the order dated 13.10.2010 passed by learned Addl.Sessions Judge, Vadodara in Criminal Revision Application No.146 of 2010 by conferring the earlier order passed by the trial Court in M.Case No.6 of 2007.
Having considered the submissions advanced by Mr.Joshi, learned advocate for the applicant, so also by Mr.Raval, learned APP for the respondent - State, it transpires that the applicant - Bank preferred an application before the trial Court in the proceedings bearing M.Case No.6 of 2007 for interim custody of muddamal - truck seized by police in connection with M.Case No.6 of 2007. There is no dispute that the applicant - bank is neither original complainant nor the witness nor accused in the proceedings of M.Case No.6 of 2007. It is true that in connection with said truck, some criminal proceeding is going on in concerned Court of Rajasthan. Feeling aggrieved and dissatisfied with the order passed by the trial Court, the applicant - bank preferred Criminal Revision Appln.No.146 of 2010 in the Court of learned Addl.Sessions Judge, Vadodara. The learned Addl.Sessions Judge, examining the relevant papers, including the impugned order passed by the trial Court, dismissed the said revision application and confirmed the initial order passed by the trial Court by observing that so far as the applicant herein is concerned, the bank was in no way connected with the criminal prosecution bearing M.Case No.6 of 2007. On behalf of the applicant, it is submitted that the said muddamal truck is also a muddamal in connection with the criminal prosecution pending in concerned Court of Bikaner, Rajasthan. However, there is nothing that the truck came to be seized in connection with the said proceeding pending in Court of Bikaner, Rajasthan, so that the instant application can be considered as one filed u/s.451 of the Cr.P.C.
In above view of the matter, the impugned order dated 13.10.2010 passed by learned Addl.Sessions Judge, Vadodara in Criminal Revision Application No.146 of 2010, cannot be said to be an order without jurisdiction or that the order is illegal or perverse, so that the interference in the order by this Court under Articles 226 and 227 is warranted. The applicant - bank is at liberty to take appropriate steps in the criminal matter pending in Bikaner Court, Rajasthan.
For the foregoing reasons, no interference is required in the impugned order passed by learned Addl.Sessions Judge, Vadodara. The petition is, therefore, devoid of any merits and is not required to be admitted and considered on merits. The petition, therefore, stands disposed of accordingly.
(J.C.UPADHYAYA, J.) (binoy) Top