Judgment · High Court

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 1162/2012 (Vishal Pannalal Gupta vrs. State of Mah and others) AND WRIT PETITION NO. 1163/2012 (Vishal Pannalal Gupta vrs. State of Mah and others) ------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court’s orders or directions and Registrar’s orders. ------------------------------------------------------------------------------------------------------------------------ Courts’s or Judge’s orders Shri A.R.Wagh, Advocate, for petitioners. Shri Ambarish Joshi, AGP for respondents Coram : R.K.Deshpande, J Date : 16 th April, 2012 The registration of two trucks bearing No. MH-31 CQ- 3678 and MH-31 CQ-3904 have been cancelled by the competent authority on the ground that the said vehicles were registered in the office of Regional Transport Office at Nagpur, on the basis of the forged and fabricated documents. This order is confirmed in appeal by the Deputy Transport Commissioner, Maharashtra State, Mumbai, on 15.11.2011. Hence, these two petitions are preferred by the person claiming to be the owner of these two trucks. Undisputedly, the offences are registered against the 2 wp1162.12 with 1163.12 petitioner along with other persons under Sections 467, 468, 420, 471, 201 read with Section 34 of Indian Penal Code. Though trucks are released on Supratnama, the investigation reveals that the vehicles are having wrong chassis number and wrong engine number and are assembled vehicles and cannot be permitted to ply as per the provisions of Section 55(5) of the Motor Vehicles Act, 1988. In response to these petitions, an affidavit has been filed , stating in para 4, as under; “The answering respondent further submits that on the basis of the F.I.R., lodged by one P.S.I. Shri Babare, Police Station Nagpuri Gate, Amravati, an offence under Section 468, 471, 420, 201 r/w 34 of I.P.C., was registered against the petitioner and 8 other accused persons, alleging therein that the petitioner has possessed vehicles which was brought and registered with the Nagpur R.T.O on the basis of forged and fabricated documents. The investigating officer on the basis of F.I.R., has conducted investigation and on investigation, it was revealed that the vehicles which are owned by the petitioner were produced before the R.T.O. Officer, Nagpur, with a duplicate number plates namely OR-02-A-6531 which was then registered and renumbered as MH- 31-CQ-3678. The other co-accused persons who are also involved in this crime had shown the wrong chassis number and Engine number bearing No. 426021CUZ617318 and Engine No. 50C71831221. The investigating officer on the basis of investigation has revealed that the said registration number i.e. OR-02-A-6531 is originally belonging to R.T.O. Bhuvaneshwar and is a Hero Puch Motor Cycle class of vehicle and its original Chassis No. is CB-44309 3 wp1162.12 with 1163.12 and Engine Number is EB-41997. From the above facts, it is crystal clear that the petitioner who is the owner of the said vehicle bearing Registration No. MH-31-CQ-3678 now is having vehicle with a wrong chassis number and wrong Engine number which is not to be permitted to ply as per provisions of Section 55(5) of Motor Vehicles Act, 1988. Copy of the report addressed to the Investigating Officer, Crime Branch, Amravati City, dated 25.6.2011 issued by R.T.O. Bhuvaneshwar is annexed herewith as Annexure R-2-I. In view of the aforesaid investigation, no fault can be found with the orders impugned in both these petitions. The petitions are dismissed. Rvjalit JUDGE