IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.21309-M of 2008 Date of Decision:21.2.2011 Gurbachan Singh .... Petitioner Versus State of Punjab .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. D.S. Pheruman, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G. Punjab. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of order dated 5.11.2007 passed by learned Sub Divisional Judicial Magistrate, Sunam and the order passed by Addl. Sessions Judge, Fast Track Court, Sangrur. The Court of learned Sub Divisional Judicial Magistrate, Sunam, dismissed the application filed by the petitioner for the release of the vehicle on Superdari as at that time there was no evidence or documents to suggest as to how the present petitioner became the owner of the said vehicle. The original owner from whom the petitioner purchased the vehicle had not been verified. His name and particulars were found to be fake. The revision filed against the said order was also dismissed. Learned counsel for the petitioner has pointed out that now the challan has been filed with all the documents before the concerned Court. It is contended that the petitioner had purchased the vehicle from one Bhupinder Chaudhary after obtaining the loan from ICICI Bank. The statement of account of ICICI Bank regarding account of the present petitioner for the purchase of the said vehicle, Certificate of Transport, Form No.20, Receipt Challan, Sale Certificate, Sale Invoice, Form No.22, Copy of the statement dated 30.8.2007 of the Registration Clerk are stated to be part of the challan. Crl. M. No.21309-M of 2008 -2- It is, therefore, an admitted position that all the documents as above were neither before the concerned court when the application for releasing the vehicle on superdari was dismissed nor before the Court that decided the revision. The challan has now been filed. All the documents as mentioned above are stated to be before the Court as part and parcel of the said challan. In view of the above, the present petition is partly allowed to the extent that the order dated 5.11.2007 passed by learned Sub Divisional Judicial Magistrate, Sunam and the order dated 2.4.2008 passed by Addl. Sessions Judge, Fast Track Court, Sangrur, are set aside and the matter is remanded back to the Court of Sub Divisional Judicial Magistrate, Sunam, to decide the same afresh after taking into account the documents now before it preferably within a period of one month from the date of receipt of the copy of this order. 21.2.2011 ( NIRMALJIT KAUR ) rajeev JUDGE