1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 443/2003 (Prem Prakash Bhakal Vs. State of Rajasthan & Anr.) Date of Order : 29/01/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. L.R.Choudhary for the petitioner. Mr. Rameshwar Dave, P.P. for the State. Mr. Anil Bachhawat for the non-petitioner No.2. BY THE COURT:- By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner, who is a registered owner of the Jeep Specio bearing No. RJ 21-P-1286, has challenged the order dated 01.5.2003 passed by Judicial Magistrate, Ist Class, Nagaur. I have heard learned counsel for the parties. Perused the order impugned. By order dated 01.09.2003, the effect and operation 2 of the order impugned dated 01.5.2003 was stayed by this Court and it was directed to handover the vehicle in question to the petitioner. In compliance of the order of this Court dated 01.9.2003, the vehicle in question has been handed over to the petitioner who is registered owner. The counsel for the non- petitioner No.2 submits that the non-petitioner No.2 is the financier and vehicle was purchased by the petitioner on installments but the petitioner failed to pay the complete installments and therefore, on account of outstanding installments, the non-petitioner No.2 claims the vehicles. It appears that the vehicle in question was in the custody of the petitioner right from its purchase and thereafter by an interim order of this Court dated 1.9.2003 for almost more than three and half years, the vehicle in question remained in possession of the petitioner. It is reported that during the pendency of the proceeding, the vehicle which was released in favour of the petitioner by interim order of this Court dated 1.9.2003, has been subsequently seized by the Excise Department and said to have been auctioned by the Excise Department while the vehicle was used by the petitioner in violation of the provisions of the Excise Act. Be that as it may. The petitioner has remained in possession of the vehicle in question for last more than three and half years, in my view, no 3 useful purpose would be served in allowing the order impugned to stand. In this view of the matter, the order impugned is set aside, the order dated 1.9.2003 is made absolute and the criminal misc. petition stands allowed. Stay petition also stands disposed of. (H.R.PANWAR),J. rp