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Ganesh Paliwal vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Secs. 457 & 102–Direction of releasing the vehicle subject to furnishing the bank guarantee–No allegation in FIR that the vehicle was procured by cheating the complainant–It is also not the case of the complainant that it was used for the purpose of cheating him–Seizure of car was unwarranted–Basic ingredients of Sec. 102 don’t exist–Impugned order quashed up to the extent of furnishing the bank guarantee.