Court No. - 47 Case :- APPLICATION U/S 482 No. - 20633 of 2010 Petitioner :- Shanti Swaroop Respondent :- State Of U.P. Petitioner Counsel :- Pradeep Saxena Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant, the learned AGA and perused the
record.
The incident application has been filed by the applicant with a prayer to quash
the order dated 23.10.2008 passed by Chief Judicial Magistrate, Bareilly in
Case Crime No. 1280 of 2008 and order dated 15.7.2009 passed by Additional
Session Judge, Court No. 12, Bareilly in Criminal Revision No. 321 of 2008.
It is submitted that the application moved for release of the vehicle in Case
crime no. 1280 of 2008, under Sections 279, 338, 304 I.P.C., P.S. Izzat Nagar,
District Bareilly. The aforesaid vehicle is under the custody of police as it met
with some accident. It was contended that the number of vehicle belonging to
the applicant is U.P. 25 AA 1253 is support of which valid documents were
produced but the trial court illegally rejected the release application.
From perusal of the records it appears that the applicant had moved an
application for releasing the vehicle in question which belongs to him bearing
number U.P. 25 AA 1253 whereas according to police report the number is
U.P. 25 A1253. The learned Magistrate has found discrepancy therefore,
arrived at conclusion that it is not liable to be released in favour of the
applicant. The revision was preferred by the applicant which too was
dismissed by the courts below as the same is not maintainable and held that
the order passed by learned Magistrate is interlucatory in nature hence the
revision was not maintainable investigation has been concluded and further
applicant is free to file application for release the vehicle in question before
the learned court below.
Considering the submission of the leaned counsel since the vehicle in question
is a case property involved in a serious offence, the charge sheet has also been
submitted against the driver of the vehicle. In case it is released in favour of
the applicant he will try to change the nature of case property for his own
benefit. There is no illegality in the order passed by the two courts below.
Therefore the application under Section 482 Cr.P.C. has no merits and is,
accordingly, dismissed, however, the applicant is free to move an application
for releasing the vehicle. Since it is perishable in nature if kept for long period
in open place.
Order Date :- 15.6.2010
Manoj