Allowed

Abhishek Yadav v. State of U.P. and Another

Allahabad HC25 Jul 2023CRLR/1121/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision to quash an order rejecting a vehicle release application. Recognizing that the tractor had been detained for over four years with no prospect of early trial disposal, the court directed its release upon furnishing sureties and an undertaking.

What did the court decide?

Released tractor bearing registration U.P.-70 CJ 4296 on furnishing two heavy sureties as fixed by trial court, with undertaking not to sell it during trial.

Abhishek Yadav Vs State of U.P. and Another — Property and Title | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:148813

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Court No. - 79

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Case :- CRIMINAL REVISION No. - 1121 of 2023

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Revisionist :- Abhishek Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Suneel Kumar Mishra,Pramod Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the revisionist and learned A.G.A. for the State and perused the record.

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This criminal revision has been filed by the revisionist against the judgement and order dated 17.01.2023 passed by Additional Sessions Judge/Special Judge (NDPS Act), Court No.- 12, Allahabad in Criminal Misc. Case No.- 15 of 2023 by which the release application of the revisionist for release of tractor, bearing registration number- U.P.-70 CJ 4296 in Case Crime No.- 754 of 2018 under Sections 302, 201 I.P.C., P.S.- Ghoorpur, District- Prayagraj has been rejected.

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It is submitted by learned counsel for the revisionist that it was an accidental case in which the son of informant namely, Sameer had received grievous injuries and died on account of injuries received in the accident. The informant/opposite party no.2 had lodged a first information report on 17.11.2018 against eight named accused persons and three unnamed persons and the case was registered as Case No. 0754 of 2018 under Sections 147, 302, 201 I.P.C. in Police Station- Ghoorpur, District- Allahabad. The Investigating Officer during investigation had arrested the revisionist and also seized the tractor of the revisionist. The Investigating Officer after investigation has submitted the charge sheet against the revisionist and the trial is going on. During the pendency of trial the revisionist had moved an application for release of vehicle on 19.12.2022 stating therein that the revisionist is registered owner of the tractor, which is lying in an open place in the Police Station, Ghoorpur and the tractor will be damaged. The release application was rejected by the trial court vide judgement and order dated 17.02.2023 stating that the tractor in question is case property of Case Crime No. 754 of 2018 and since the trial is still pending no ground to release the tractor is made out.

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It is submitted by learned counsel for the revisionist that the revisionist is registered owner of the tractor. Registration certificate has been filed as Annexure 5 to the affidavit filed in support of revision. It is further submitted that the tractor of the revisionist is lying in open place in Police Station Ghoorpur since 20.11.2018 and more than four years have been passed and the condition of the tractor is being deteriorated day by day. Learned counsel for the revisionist further submitted that

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the revisionist under takes that he will not sell the tractor in question during the pendency of the trial and will produce the same before the trial as and when the trial court requires.

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Learned counsel for the revisionist has relied on the judgment of Hon'ble the Apex Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2002 LawSuit (SC) 1346 . The relevant paragraph is as under:-

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"In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles."

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Considering the submissions of learned counsel for the revisionist and on perusal of record, it is evident that the vehicle of revisionist is detained in the Police Station since 20.11.2018 and more than four years have been passed and there is no possibility of early disposal of trial. The prayer for release of the vehicle is liable to be allowed.

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In view of above, the criminal revision is allowed and order dated 17.01.2023 is hereby quashed.

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Let the tractor, bearing registration number- U.P.-70 CJ 4296 be released in favour of revisionist on furnishing two heavy sureties as fixed by the trial court with undertaking to the effect that he will not sell out the aforesaid vehicle during the pendency of trial and shall produce the aforesaid vehicle before the trial court, as and when the trial court requires.

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Order Date :- 25.7.2023 Virendra

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Abhishek Yadav v. State of U.P. and Another

Case brief

What is this about?

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Abhishek Yadav v. State of U.P. and Another

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