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NAVEEN CHANDRA GUPTA versus THE SUPTD. OF POLICE, FARRUKHA AND OTHERS

High Court of Judicature at Allahabad

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Naveen Chandra Gupta v. The Suptd. Of Police, Farrukha And Others - CRIMINAL MISC. WRIT PETITION No. 5817 of 2005 [2005] RD-AH 1435 (31 May 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

CRIMINAL MISC. WRIT PETITION NO. 5817 OF 2005

Naveen Chandra Gupta            .......... Petitioner

Versus

The Supdt. Of Police, Farrukhabad & Ors..........     Respondents

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Arun Tandon, J.

This writ petition has been filed for quashing the First Information Report dated 20th April, 2005 (Annex.1) purported not to have been lodged by the petitioner and to issue a direction to the respondents to lodge a First Information Report on the application submitted by the petitioner.

The facts and circumstances giving rise to this case are that the petitioner claims himself to be a dealer of vehicles. He had sold a Tractor to Shri Kaptan Singh Yadav on 3rd December, 2003, who did not make the entire payment and, therefore, neither the sale letter was issued nor the registration of the tractor was made. Kaptan Singh, however was permitted to take away the Tractor by the petitioner. After some time, the petitioner started making applications before the police authorities in respect of non-payment and illegal possession of tractor by Kaptan Singh. However, no action has been taken as the respondents-authorities were acting under the influence of political persons. Subsequently, it has been pointed out that someone else has lodged the F.I.R. (Annex.1) and, therefore, the same is liable to be quashed only on the ground that the petitioner did not lodge the same and the respondents should be directed to act upon the application submitted by the petitioner for lodging the F.I.R.

Learned counsel for the petitioner could not point out as under what circumstances, the Tractor could be transferred by the dealer under the Agreement to Sell and that's too without the registration of the vehicle. Section 39 of the Motor Vehicles Act, 1988, hereinafter called ''the Act', reads as under:-

"39. Necessity for registration.- No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:

Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government."

Sections 40 and 41 of the Act provide for procedure for registration. Section 43 provides for temporary registration, when a dealer can sell the vehicle without having permanent registration. However, the temporary registration comes to an end automatically after a period of one month and the same is not renewable.

In the instant case, admittedly, the petitioner has violated the provisions of the Act and transferred the Tractor without getting the temporary or permanent registration. The petitioner has become the law unto himself  and did whatever he wanted, violating the provisions of the Act. Such a person cannot be entertained in an equity Court and no relief can be granted to him. Petition is accordingly dismissed.

However, in the facts and circumstances of the case, it is desirable to investigate the matter as to whether the petitioner has sold the vehicle without having registration in other cases also. At this stage, learned Standing Counsel has suggested that the investigation may be conducted in this regard by the Transport Authorities as well as Police Administration.

In view of the above, a copy of this order may be sent by the Registrar of this Court to the Senior Superintendent of Police as well as the Assistant Regional Transport Officer, Farrukhabad for compliance of the order and for appropriate action in this regard.

31.05.2005

AHA


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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