Allowed

Jitendra Pal v. State of U.P. and Another

Allahabad HC13 Nov 2024A482/22004/2024

Case brief

AI extract

What is this about?

This single judge order grants an application under Section 482 CrPC for the release of a vehicle seized by police in a cow slaughter case. The court presumed investigation was complete and allowed release subject to producing the vehicle during trial.

What did the court decide?

Release of vehicle UP-67 AT 6462 to applicant subject to undertaking to produce it during trial and not sell it.

Jitendra Pal vs State of U.P. and Another — Contract and Commercial Disputes | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:178211

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 22004 of 2024

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Applicant :- Jitendra Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Katyaini Singh,Shashi Dhar Goswami Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant application has been preferred with the prayer to release the vehicle of applicant i.e. bearing registration no. UP-67 AT 6462, which had been sized by the police in case no. 853 of 2023, Computerized Case No. D202316530000853, titled as State v. Jitendra Pal, under Section 5A of U.P. Prevention of Cow Slaughter Act, 1955.

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Learned counsel for the applicant states that the applicant is owner of the vehicle bearing registration no. UP-67 AT 6462, which was found to be involved in commission of offence registered by the Police in the aforesaid case. The said vehicle was seized by the police with the allegation of transportation of cow progeny. Thereafter, the applicant moved an application before the District Magistrate, Mirzapur for release of the vehicle, but vide order dated 16.8.2023 the application was rejected. The vehicle is lying in the police custody since 19.5.2022 which is causing inconvenience to the business of the applicant. He further contends that the vehicle was the only source of income of his family because of seizure of the said vehicle, entire family is facing hardship.

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Aggrieved by the order dated 16.8.2023, the applicant has preferred the instant application before this Court for release of the vehicles in his favour.

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On perusal of the report, it transpires that the vehicle was seized on 19.5.2022. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in Police Station.

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In view of law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934 , let the vehicle be released in favour of the applicant subject to the conditions that applicant shall produce the vehicle as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, applicant shall not sell or dispose of the vehicle. The other conditions viz. security bond etc., shall be decided by the trial Court as the Court may deem fit and proper.

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The instant application stands allowed.

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Order Date :- 13.11.2024 Faridul

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Justice Vinod Diwakar

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Jitendra Pal v. State of U.P. and Another

Case brief

What is this about?

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Jitendra Pal v. State of U.P. and Another

Case brief

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