AJAY MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under section 482 Cr.PC. is directed against the order dated 26.4.2000 passed by learned Judicial Magistrate, Kumbhalgarh. Dist. Rajasmand in Crl. Case No. 168/2000 whereby the application of the petitioner for taking the jeep on superdginama has been rejected on the ground that registration certificate produced by him is not legible and secondly this vehicle has been used for committing the offence under section 457 and 380 I.P.C.

(2.) The learned counsel for the petitioner submitted that the petitioner is the registered owner of the vehicle which is legible from the registration to certificate. Moreover, the petitioners also has insurance policy which is also in his name which also lends support to the version that he is the registered owner of the vehicle as stated by him in the application. It is therefore argued that the driver and other persona have been challenged for the offences Under section 457 and 380 I.P.C. No case has been found against the petitioner. The police has not filed any challan against him. Therefore, at this stage, there is no material to even prima facie say that the petitioner was also involved in the alleged offence.

(3.) Learned Public Prosecutor opposed the petition supporting the order.