Court No. - 3 Case :- MISC. SINGLE No. - 4285 of 2010 Petitioner :- Lal Khan Respondent :- State Of U.P.Through The Secy.Home Lucknow And Others Petitioner Counsel :- Ram Prakash Singh Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Upon perusal of records it appears that the petitioner moved an
application before the Chief Judicial Magistrate, Balrampur under
Section 207 of the Motor Vehicles Act for releasing the vehicle
No. UP 42T/645 and the learned Chief Judicial Magistrate passed
the order to release the vehicle in question, but the petitioner
refused to accept the same on the ground that some parts of the
vehicle, which was under the custody of opposite party no. 3 have
been stolen. He complained so, and the learned Chief Judicial
Magistrate refused to pass any further order, then he filed revision
before the Court of Additional Sessions Judge, which has also
been dismissed, against which the petitioner has filed the present
writ petition. However, I am of the view that for stolen the part
of Vehicle in question it is open for the petitioner to lodge first
information report before the Police concerned, if he refuses to
lodge the same, it is also open for him to move appropriate
application before the learned Magistrate under Section 56(3) of
the Code of Criminal Procedure.
Since no further action is required in the matter, with the aforesaid
observation, I hereby dismiss the writ petition.
Order Date :- 3.8.2010
Amit