Court No. - 72
Case :- APPLICATION U/S 482 No. - 35143 of 2018 Applicant :- Veerpal Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
This application u/s 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 5th June, 2018 passed by the Additional Chief Judicial Magistrate, Moradabad rejecting the application of the present applicant for release of vehicle bearing registration No.- UP-21 8814 Model No. 2009 and Chassis No. 445119BI10468. The application for release of the vehicle was filed by the present applicant in the capacity of the owner of the vehicle on the ground that the vehicle which had been attached by the police and taken into its custody was a Tata Magic vehicle bearing correct Registration number as noted hereinabove. However, learned Additional Chief Judicial Magistrate, Moradabad has declined the application on the ground that the police report as has been received has indicated that the vehicle was being used by a different number plate and chassis number. The revision filed by the present applicant has also come to be dismissed on 14th August, 2018 on the ground that the driver who was driving the vehicle in question was in fact guilty of putting a wrong number plate on the vehicle upon which the dues were pending against the loan sanctioned by the Finance Company and, therefore, when the vehicle in question was taken into custody it was detected that there was different chassis number and so also vehicle number was different and, therefore, rightly the case under Sections 420, 467, 468, 471 I.P.C. has been registered.
Learned counsel for the applicant claims that the vehicle that has been attached by the police and taken into custody is in fact bearing correct registration No.- UP 21 N 8814 and 2009 Model of Tata Magic chassis No.- 445119BI10468 and it can be very well verified by examining the papers and the engine of the vehicle in question. The applicant has claimed that there is no dispute that the present applicant is owner of the vehicle in question.
Per contra, the argument advanced by learned Additional Government Advocate is that the entire fraud has been played by putting number plate and carrying the papers of another vehicle bearing registration No.- UP 21 AN 8910 upon which there were dues against the Finance Company. However, it is not disputed by the learned Additional Government Advocate that the driver who was driving the vehicle has been granted bail.
Learned Additional Government Advocate has also not disputed the fact that the applicant is the owner of the vehicle which is in police custody.
In view of the above facts and circumstances, it is hereby provided that the vehicle that has been attached if on due verification is found bearing chassis No. 445119BI10468 with registration No.- UP21 N 8814 and the records of vehicle in possession of the application also matches the same and there is no dispute with regard to the ownership of the vehicle in question, the same shall be released in favour of the applicant subject to his furnishing security other than bank guarantee to the satisfaction of the Magistrate concerned. Appropriate order shall be passed within six weeks from the date of production of certified copy of the order.
The order impugned dated 14th August, 2018 is hereby quashed.
The application is allowed with the aforesaid observations and directions.
Order Date :- 27.2.2019 Atmesh