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Judgment
This Crl.M.C has been filed seeking a direction to the 3rd respondent to consider and pass orders on Annexure-C application, after hearing the
petitioner also.
This matter came up for consideration of this Court on 30.03.2021, on which date, it was adjourned and then taken up on 08.04.2021 and on that
day it was further adjourned to enable the learned Public prosecutor to get instructions.
Today, when the matter is taken up for consideration, it is pointed out by the learned counsel appearing for the petitioner that he has now received
Annexure-D dated 05.04.2021, informing that the 3rd respondent Committee has already decided to auction the vehicle belonging to the petitioner
bearing registration Nos.KL-30G-3299 together with another vehicle bearing registration No.KL-17 P-6435.
Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the opinion that when Annexure-C petition
was filed before the 3rd respondent, the 3rd respondent could not have issued permission to auction the petitioner's vehicle bearing registration
No.KL-30G-3299, without considering and passing orders on Annexure-C. In the totality of the facts and circumstances of the case, I deem it
appropriate to direct that no proceedings for auction of the vehicle of the petitioner bearing registration No.KL-30G-3299 shall be taken before
Annexure-C petition is considered and decided by the 3rd respondent Committee, after hearing the petitioner also. Accordingly, there will be a
direction to the 3rd respondent Committee to consider and pass orders on Annexure-C application filed by the petitioner, after affording an opportunity
of hearing to the petitioner also. Any steps taken to auction the vehicle bearing registration No.KL-30G-3299 belonging to the petitioner shall be kept
in abeyance till orders are passed on Annexure-C, as above.
The Crl.MC will stand disposed of with the aforesaid directions. The 3rd respondent Committee shall endeavour to consider and pass orders on
Annexure-C application within a period of two months from the date of receipt of a certified copy of this order.