Babban Yadav vs State of U.P.

Rajesh Dayal Khare, J.—Heard learned Counsel for the applicant and learned AGA for the State-Respondent.

The present application has been filed for quashing of the order dated 12.01.2011 passed by learned Chief Judicial Magistrate, Sant Kabir Nagar in Misc. Case No. 837 of 2010 arising out of Case Crime No. 1650 of 2010, under Sections 279, 337, 338, 304-A, 427 IPC, police station Kotwali Khalilabad, district Sant Kabir Nagar whereby the application of the applicant for releasing his truck No. U.P. 53 J-2295 has been rejected.

Learned Counsel for the applicant has contended that the release application of the applicant for releasing his truck has been rejected on the ground that the applicant had not given the correct name of the driver of the truck in question and the Investigating Officer during investigation has not disclosed the name of the driver of the said truck.

It is thus, contended by learned Counsel for the applicant that the application had been rejected on the ground that the truck driver is absconding.

Learned Counsel for the applicant has referred the judgment of this Court in the case of Ishtiyaq Ahmad v. State of U.P. and Ors. reported in 2001(2) JIC 959 (ALL) in which this Court has held that if the applicant is registered owner of the vehicle and moves an application for releasing of the vehicle, the same should be given in his custody subject to certain conditions.

After hearing the learned Counsel for the applicant, learned AGA and after perusing the order impugned as well as the averments made in the present application, this Court is of the opinion that the matter requires reconsideration by the Chief Judicial Magistrate, Sant Kabir Nagar.

Accordingly, the prayer for quashing the order dated 12.01.2011 is hereby allowed.

The application is finally disposed of with a direction that in case the applicant files a fresh application for releasing the vehicle as per the law, the same shall be considered and decided afresh in accordance with law after hearing the parties and also after considering the judgment rendered by this Court as referred to above.

If such application is moved by the applicant within a period of 15 days from today, the same shall be considered and decided by the concerned court as expeditiously as possible in accordance with law after hearing the parties within a period of one month from today.

With the aforesaid directions, this application is finally disposed of.