Mustafa Vs Sub Divisional Magistrate and Another

Court No. - 34

Case :- WRIT - C No. - 4688 of 2019

Petitioner :- Mustafa

Respondent :- Sub Divisional Magistrate And Another Counsel for Petitioner :- Kaushlendra Pratap Singh Counsel for Respondent :- C.S.C.

Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.

Heard Sri Kaushlendra Pratap Singh, learned counsel for the petitioner and perused the record.

It appears that alleging an illegal mining by using petitioner's vehicle i.e. JCB Registration No. UP 53 DT-2354, the same has been seized by Police and when petitioner approached Judicial Magistrate III, Gorakhpur by filing application dated December, 2018, thereafter a deposit Challan has been received by petitioner for depositing Rs.2 lakhs. At this stage, petitioner has come to this Court.

When Police in exercise of its authority under relevant law has seized the vehicle, remedy lies before Competent Court by moving appropriate application for release of vehicle where the Court will examine relevant facts and pass appropriate order but so long as matter is not examined by Competent Court, no mandamus can be issued to release such vehicle since neither petitioner has any such unbridled right to force Police to release its vehicle nor there is any corresponding obligation upon them when it has ceased vehicle in exercise of its function to enforce law and to maintain law and order.

The writ petition, therefore, as drafted, is thoroughly misconceived and hereby dismissed.

Order Date :- 15.2.2019 KA

Mustafa v. Sub Divisional Magistrate and Another