Allowed

Rajnesh Kumar v. State of Up and Another

Allahabad HC3 Jul 2024A227/2023/2024

Case brief

AI extract

What is this about?

High Court disposed of a writ petition under Article 226/227 seeking release of an allegedly confiscated vehicle. The court directed the lower court to verify ownership and lawfulness before ordering the release. Petition allowed in principle with directions.

What did the court decide?

Directed the court below to release the vehicle to the owner after verifying ownership, records, and ensuring no other legal impediment exists.

Rajnesh Kumar vs State of Up and… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:135711

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 2023 of 2024

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Petitioner :- Rajnesh Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Sunil Kumar Yadav Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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

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By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the judgment and order dated 03.03.2023 passed by the learned Additional District and Session Judge, Room No. 01, Farrukhabad in Criminal Appeal No. 81 of 2022 (Rajnesh Kumar Vs. State of U.P.) and judgment and order dated 24.01.2022 passed by the District Magistrate, Farrukhabad in Case No. 57 of 2021 (State of U.P. Vs. Kallu @ Dhurv Singh) in Case Crime No. 147 of 2021, under Sections 60, 62 and 63 of the Excise Act, Police StationKampil, District-Farrukhabad and remand back this matter to the court below for reconsider and to direct the respondent No. 2 to release the vehicle U.P. 82 A.J.-4183, in favour of petitioner forthwith.

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It has been submitted by learned counsel for the petitioner that in the instant matter the trial has already been concluded in Sessions Trial No. 1091 of 2021 (State Government Vs. Kallu @ Dhurv Singh) in Case Crime No. 147 of 2021, under Sections 272, 420, 467, 468, 471 IPC and Sections 60, 62 and 63 of the Excise Act, Police Station- Kampil, District-Fatehgarh. It has further been submitted that the alleged vehicle confiscated under the Excise Act was already directed to be released by the District Magistrate, Farrukhabad vide order dated 24.01.2022 subject the condition that the owner of the vehicle shall deposit an amount of Rs. 9 lakh within a period of one month and, in case, the said amount is not deposited within the aforesaid duration, the same shall be auctioned in accordance with law. Against the said order, a Revision was preferred, which was also rejected.

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The main submission of learned counsel for the petitioner is that as

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trial has already been concluded, therefore, the said vehicle be released in his favour.

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Considering the aforesaid facts and circumstances and in the interest of justice, the concerned Court is directed to ensure that the vehicle be released in favour of the owner after verifying the aforesaid submissions, ownership documents and relevant records and subject to the terms and conditions as provided under the law, in case, there is no other legal impediment.

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With the aforesaid directions, the petition is disposed of .

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Order Date :- 23.8.2024 Shivani

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Rajnesh Kumar v. State of Up and Another

Case brief

What is this about?

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Rajnesh Kumar v. State of Up and Another

Case brief

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