VIJAY BISHNOI,J. - (1.) This Criminal Miscellaneous Petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the Order dated 6.1.2015 passed by Additional Sessions Judge No. 3, Bhilwara (for short Revisional Court hereinafter) in Criminal Revision Petition No. 71/2014, whereby the said Revision Petition has been dismissed. The said Revision Petition was filed by the petitioner against the Order dated 1.8.2014 passed by Chief Judicial Magistrate, Bhilwara (for short 'the Trial Court' hereinafter) in Criminal Regular Case No. 498/2009, whereby the application filed by the petitioner with permission to sell the vehicle-tanker bearing No. GJ-15-UU-7779 was rejected.
(2.) Brief facts, necessary for disposal of this Criminal Miscellaneous Petition, are that M/s. VESPAR owned by proprietor Jimmi H. Jangalwala is in business of transporting milk in various parts of the country and is owning several tankers for that purpose. One of the tankers of M/s. VESPAR bearing registration No.GJ-15-UU-7779 met with an accident on 26.10.2009 within the jurisdiction of Police Station, Pratap Nagar, Bhilwara and a case was registered against the driver of the said tanker for the offences punishable under Sections 279, 337 and 304A I.P.C. In connection with the said F.I.R., the vehicle in question was seized by the police and later on charge-sheet was filed against the accused-persons in the Trial Court. The Trial Court had released the vehicle in question on 'Supurdaginama' to the petitioner and at present, the petitioner is in possession of it.
(3.) The petitioner moved an application before the Trial Court with the prayer that since the vehicle in question is not being used in transportation of milk a the same has become old, permission may be granted to sell it. The said application filed by the petitioner was rejected by the Trial Court vide Order dated 1.8.2014. Being aggrieved with the same, the petitioner has preferred the aforesaid Revision Petition, however, the Revisional Court has rejected the said Revision Petition vide impugned Order dated 6.1.2015. Hence, this Criminal Miscellaneous Petition.;