1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CR.MISC.PETITION NO.360/2010 Ram Karan Vs. State Date of order : 2/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Shailesh Prakash Sharma for the petitioner. Shri N.R. Saran, P.P. for the State. Shri R.P. Vijay for the complainant. ****** This misc. petition has been filed by the petitioner assailing the order passed by the Additional Sessions Judge, No.1 (Fast Track), Kota dated 2.2.2010 by which the application filed u/s.457 Cr.P.C. for delivery of vehicle has been rejected. Shri Shailesh Prakash Sharma, learned counsel for the petitioner has argued that he is registered owner of the Maruti Van No.RJ 06 UA 1240. The allegation is that this vehicle hit Prahlad and Shivraj from behind and that they were subjected to beating by the persons sitting in the vehicle and then run away. It is contended that a person known to him has taken the vehicle on hire basis and and the petitioner is nowhere responsible for the alleged incident, nor he has been named as accused. There is no other claim of the vehicle and the vehicle was seized on 10.12.2009 and for last one year, it is lying out in open on the premises of the police station and that the vehicle is 2 getting damaged and that with every passage of time, the value of the vehicle is diminishing. No useful purpose would be served in keeping the vehicle there. Learned PP has though opposed the petition, but could not justify as to why the vehicle should not be released to its registered owner subject to his furnishing a Supaudiginama. In view of the argument aforesaid and considering the fact that there is no claim of the vehicle and that the vehicle is already lying seized for last one year, I find that the petitioner is the best entitled person to be handed over the delivery of the vehicle on his furnishing a Supaudiginama. Accordingly, the impugned order dated 2.2.2010 is quashed and set aside and the misc. petition is allowed and it is directed that the vehicle shall be handed over to petitioner on his furnishing a Supaudiginama in the sum of Rs.2,00,000/- to the satisfaction of the learned trial court subject to the further condition that petitioner shall not transfer this vehicle during the pendency of the case and that shall produce the vehicle, if and when required by the trial court. (MOHAMMAD RAFIQ), J. RS/-