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Ram Dhani v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 10659 of 2005 [2005] RD-AH 4608 (21 October 2005)


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Hon'ble R.C.Deepak, J.

Heard learned counsel for the petitioner, learned AGA and perused the record.

It is contended by the learned counsel for the petitioner that the petitioner is the owner of Mahendra Jeep (LMV) no.URO 2893. The same is seized by the RTO under Section 207 of the Motor Vehicles Act. He presented an application for the release of the said vehicle but the learned magistrate vide order dated 30.9.2005 rejected the same on the solitary ground that no challani report was received. The contention of the lelarned counsel for the petitioner is that it shows the arbitrariness of the RTO to detain the challani report for unlimited period. It was also obligatory on the part of the learned magistrate to have called for the challani report but instead of doing so, he rejected the application.

Considering the facts and circumstances of the case, the order dated 30.9.2005 passed by the learned magistrate is hereby set aside and the learned magistrate is directed to call for the challani report and dispose of the application on merit expeditiously.

The CJM, Sonbhadra shall also ensure that such challani report, which are kept pending by the ARTO/RTO in the district, be sent to the court concerned within a reasonable period.

With these observations, the petition is disposed of.

Let a copy of this order be furnished to the learned AGA today free of cost for intimating the court concerned.

Dated: 21st  October , 2005.



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