- (1.) By this criminal revision petition, the petitioners seek direction to the respondent No.2-Munsif and Judicial Magistrate No.4, Jodhpur to restrain it from passing any order, directing the release of vehicle No.RJ-19-P-1662 in favour of respondent No.1-Narendra Paliwal son of Shri Hemraj, by caste Paliwal, resident of Laxmi Nagar, 'C' Road, Jodhpur on Supurdaginama and also to quash such order, if any, passed during the pendency of this petition. It is also prayed by the petitioners that section 457 CrPC cannot be invoked for release of vehicle seized by the authorities of the transport department; the competent authorities of the transport department are not police officers and, therefore, section 457 CrPC is not applicable in such cases; the proceedings initiated by the respondent No.1-Narendra Paliwal in the Court of Munsif and Judicial magistrate No.4, Jodhpur are wholly without jurisdiction and void-ab-initio.
(2.) Initially, this case was filed as a writ petition under Article 226 and 227 of the Constitution of India by the revisionists but as per order of this Court dated 06.9.1994, the said writ petition had been treated as a criminal revision petition because points raised in the petition deserve to be gone into. Facts giving rise to the instant petition are that bus No.RJ-19-P-1662 was checked by the Transport Inspector/Competent authority under the powers conferred upon him under Rule 12.4(f) of the Rajasthan Motor Vehicles Rules, 1990 (for short 'the Rules of 1990' hereinafter) framed in exercise of powers conferred under section 213 of the Motor Vehicles Act, 1988 (for short 'the MV Act' hereinafter) on 21.5.1994 and a case was lodged against the owner-the respondent No.1 and the driver of the said vehicle for the offences mentioned therein and the said vehicle was seized under the powers conferred upon the said authority on 21.5.1994. Copy of checking report is also annexed with the petition. While checking the bus, it was found that without making payment of the tax payable under the Rajasthan Motor Vehicles Taxation Act, 1951 (for short 'the Act of 1951' hereinafter) to the taxation authority, respondent-owner of the bus filed an application before the Magistrate and during the pendency of this petition, the Magistrate Court accepted the application. Hence, this criminal revision petition.
(3.) I have heard learned Public Prosecutor appearing for the petitioners-State. No one has appeared on behalf of the contesting private party despite repeated calls.;