Mustaq v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through Video Conferencing CR.R. No.425/2021 Mustaq, son of Samsu, aged about 29 years, resident of Bhadpur, Police Station Utavad, District Palval (Haryana). Applicant

VERSUS

State of Chhattisgarh, through Station House Officer, Police Station Komakhan, District Mahasamund (CG).

Non-applicant --------------------------------------------------------------------------------------- For Applicant : Shri Raghvendra Pradhan, Advocate For Resp/State : Shri Praveen Shrivastava, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board 05-08-2021 1.

Learned counsel for the applicant has filed photocopy of RC book and insurance policy of Truck bearing Registration No.HR-74A-9278 (hereinafter referred to as 'Truck') with application I.A. No. 1/2021 for taking these documents on record.

2.

On due consideration, I.A. No.1/2021 is allowed. The documents filed along with this application are taken on record. 3.

Copy of RC book shows that the truck has been registered in the name of Mustaq, but copy of insurance policy shows that in the period covered by the insurance policy i.e. from 30.08.2020 to 29.08.2021 the truck was insured in the name of Pahaloo Khan, whereas document (Annexure A/2) i.e. the copy of National Permit of truck filed by the applicant with this revision petition also shows that the owner of the truck is Pahaloo Khan.

4.

A perusal of the impugned order shows that the learned trial Court has not considered these documents pertaining to the

ownership of the applicant on the truck. These documents especially document relating to ownership of the applicant requires verification.

5.

In view of above, this revision petition is dismissed without considering the merit of the case.

6.

It is directed that if the applicant files a fresh application for Supurdnama of the truck bearing Registration No.HR-74-A-9278 before the learned trial Court, then it be considered by verifying documents regarding the ownership of the applicant on the aforesaid truck and also considering that the applicant is not accused and also without being influenced by its earlier order dated 24.06.2021 passed in M.J.C. No.43/2021.

7.

Accordingly, the revision petition is disposed of. SD/- (N.K. Chandravanshi) JUDGE L/-