Jeet Singh v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-4380-2021 Decided on : 12.02.2021 Jeet Singh . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s) CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL (Through Video Conferencing) PRESENT: Mr. Dheeraj Narula, Advocate for the petitioner(s).

**** MANJARI NEHRU KAUL, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C., for quashing of order dated 10th June, 2020 (Annexure P-3), passed by learned SDJM, Ellenabad, vide which, the application moved by the petitioner for releasing the Innova Vehicle bearing registration No.UP16-BV-7157, on superdari has been ordered in favour of its registered owner instead of its actual owner i.e. the petitioner and further for quashing of order dated 25th June, 2020 (Annexure P-5) passed by learned ASJ, Sirsa, whereby, the revision filed by the petitioner has been dismissed.

Learned counsel for the petitioner contends that the Courts below gravely erred in releasing the vehicle in question on superdari in favour of its registered owner i.e. M/s Gurvit Innovative Promoters Limited, as the petitioner was in fact, its actual owner having purchased the vehicle in question from one Vikram Singh S/o Sher Singh, r/o Kishangarh, Tehsil Adampur, District Hisar, through an affidavit. A prayer has therefore been made that the vehicle in question may be released on superdari in favour of the petitioner being its actual owner.

JAWALA RAM 2021.02.15 11:59 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-4380-2021 - 2 - I have heard learned counsel for the petitioner and perused the material on record.

It has not been disputed by the learned counsel for the petitioner that as per the Registration Certificate (R.C.) of the vehicle in question, it was indeed owned by M/s Gurvit Innovative Promoters Ltd. and it was only by way of an affidavit, the petitioner had purchased the said vehicle from its registered owner. It need not be emphasized that until and unless, the RC of a vehicle is transferred in the name of a purchaser, he cannot claim the ownership of any vehicle, much less, through an affidavit.

In the facts and circumstances of the case, no ground has been made out, which would warrant the interference of this Court to exercise its inherent powers under Section 482 Cr.P.C.

Petition stands dismissed.

(MANJARI NEHRU KAUL) JUDGE February 12, 2021 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2021.02.15 11:59 I attest to the accuracy and authenticity of this document Chandigarh