CNR No.

DLWT01-011708-2022
Cr Rev 474/2022
M/S VOGO AUTOMOTIVE PVT LTD Vs. THE STATE OF
NCT OF DELHI & ANR

01.03.2023

Present: Sh. Pranav Prakash, Ld counsel for the revisionist.

Sh. Pankaj Bhatia, Ld Addl. PP for the
State/respondent no. 1
Respondent no. 2/convict Kamal in person.
IO SI Satish Kumar in person.

This is a revision petition u/s 397 Cr.PC filed by the

revisionist Vogo Automotive Pvt Ltd against the impugned order
dated 15.09.2022 vide which Ld MM-04/West/THC dismissed
the application filed by the revisionist herein for release of
battery which is installed in e-rickshaw bearing no. DL-1ERA-
5145.
Ld counsel for the revisionist submits that the
convict (respondent no. 2) obtained the battery from the
revisionist herein vide lease agreement dated 23.06.2022, copy
of which is annexed with the instant revision petition. Ld
counsel also mentioned that the declaration form signed by the
respondent no. 2 Kamal regarding the battery obtained from the
revisionist for installation in the aforesaid e-rickshaw is also
annexed with the present revision petition. Ld counsel submits
that the respondent no. 2 was convicted and sentenced to fine of
Rs. 15000/- by Ld Trial Court, however, respondent no.
2/convict has not paid the aforesaid fine and Ld Trial Court
Contd........2
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CNR No. DLWT01-011708-2022, Cr Rev 474/2022, M/S VOGO AUTOMOTIVE PVT LTD Vs. THE STATE OF NCT OF DELHI & ANR

instead of proceeding u/s 421 Cr.PC against the convict for

recovery of fine, has dismissed the application of the revisionist
herein seeking release of battery which belongs to the
revisionist. Ld counsel submits that the instant revision petition
has been filed for setting aside the impugned order dated
15.09.2022 vide which the application moved by the revisionist
for release of battery was dismissed.
Respondent no. 2/convict who is present in person
submits that he was convicted and sentenced to the fine of
Rs.15000/- by the court of Ld MM-04/West/THC in traffic
challan no. DL67272206241347310, however, he has no means
to pay the aforesaid fine and therefore, he has not yet deposited
the fine. Respondent no. 2/convict also concedes that he
obtained the battery for running his e-rickshaw from the
revisionist Vogo Automotive Pvt Ltd vide lease agreement dated
23.06.2022 and the aforesaid lease agreement as well as the
declaration form dated 22.06.2022 regarding the said battery
bear his signatures. Respondent no. 2/convict concedes that the
battery which is installed in his e-rickshaw bearing no. DL-
1ERA-5145 belongs to Vogo Automotive Pvt Ltd.
Statement of respondent no. 2/convict to that effect
has been recorded.
As per the facts of the case, the respondent no. 2
was convicted and sentenced by Ld MM-04/West/THC in traffic
challan bearing no. DL67272206241347310 to fine of
Rs.15,000/- and the aforesaid fact is also reflected in the
Contd........3
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CNR No. DLWT01-011708-2022, Cr Rev 474/2022, M/S VOGO AUTOMOTIVE PVT LTD Vs. THE STATE OF NCT OF DELHI & ANR

impugned order dated 15.09.2022. The respondent no. 2/convict

who is present in person submits that he has not deposited the
aforesaid fine as he has no means to pay the said fine.
Ld MM-04/West/THC dismissed the application
moved by the revisionist Vogo Automotive Pvt Ltd seeking
release of battery which is installed in the e-rickshaw bearing no.
DL-1ERA-5145 of respondent no. 2 on the ground that the
convict (respondent no. 2) has not paid the fine. So far as the
recovery of fine from the respondent no. 2 is concerned, Ld Trial
Court should have taken recourse of section 421 Cr.PC and the
dismissal of the application of the revisionist i.e. Vogo
Automotive Pvt Ltd for release of battery belonging to the
revisionist was unwarranted. Ld Trial Court was required to
dispose of the application of the revisionist on the basis of
documents filed alongwith said application and Ld Trial Court
should not have dismissed the application of the revisionist
seeking release of battery on the ground that the convict has not
paid the fine as imposed upon him which is otherwise
recoverable in terms of section 421 Cr.PC.
In view of the abovesaid facts and circumstance and
in the interest of justice, the impugned order dated 15.09.2022
passed by Ld MM-04/Wests/THC is hereby set aside with
directions to Ld MM-04/West/THC to decide the application
seeking release of battery on behalf of revisionist Vogo
Automotive Pvt Ltd on merits.
Revision petition is accordingly disposed of.
Contd........4
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CNR No. DLWT01-011708-2022, Cr Rev 474/2022, M/S VOGO AUTOMOTIVE PVT LTD Vs. THE STATE OF NCT OF DELHI & ANR

Revisionist shall appear before Ld Trial Court on

03.03.2023.
Copy of this order be sent to Ld Trial Court.
File of revision petition be consigned to Record
Room.
Copy dasti.
(Manish Khurana)
Additional Sessions Judge-04
West/Tis Hazari Courts
Delhi/01.03.2023