Ajay Kumar vs State Of M.P

S.A.Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak, the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

I.A. No.22955/2020, an application for urgent hearing is considered and allowed.

Heard on the question of admission.

In this petition under Section 482 of Cr.P.C., the petitioner has challenged the order dt.17.02.2020 (Annexure A/1) passed in Cr.R.No.11/2020,

whereby the order dt.27.01.2020 (Annexure A/8) passed in Case No.B.F. 246/2020 has been affirmed.

Learned Revisional Court while rejecting the revision had come to the conclusion that there is outstanding tax of about Rs.2,41,388/- in respect of the

vehicle in question and the petitioner has directly approached the JMFC Court without approaching the competent authority, therefore, the JMFC

Court has not committed any error in rejecting the application under Section 451 of Cr.P.C.

Learned counsel for the petitioner submitted that the entire tax has been deposited in respect of the vehicle in question and the courts below ought to

have allowed the application.

On the other hand, learned Panel Lawyer appearing for the respondent/State objected to the prayer and submitted that both the courts below have

rightly rejected the application since the petitioner has directly approached before them before approaching the competent authority in this regard. He

has no objection if the petitioner is relegated to approach the competent authority for seeking redressal of his grievance.

Accordingly, this Court sets the petitioner at liberty to approach the competent authority â€" STAT Bhind within a period of fifteen days from today

for redressal of his grievance. In case the petitioner files such application, then the competent authority shall decide the same in accordance with law

as expeditiously as possible. As a consequence, impugned orders dt.17.02.2020 (Annexure A/1) passed in Cr.R.No.11/2020 and dt.27.01.2020

(Annexure A/8) passed in Case No.B.F. 246/2020 are set aside.

Petition stands disposed of with the aforesaid directions.