Kumar Sharma vs State of U.P,& Anr,

S. N. Saxena, J.—This revision application is directed against the judgement and order dated 3181992 passed by learned incharge Sessions Judge, Ghazibad Sri J. S. Dubey in Criminal revision No. 247/92 Ashvini Kumar v. Krishna Kumar and others, filed against the order dated 306 1992 passed by the learned 1st Addl. C. J. M , Ghaziabad, The learned Addl. C. J. M. 1st had ordered the police officer Sahanigate to seize the vehicle No. DEP7409 having now registration No, C1F276. Before proceeding further it may be mentioned that the impugned order dated 318199Z of the learned Incharge Sessions Judge, Ghaziabad had not been passed in a legal and valid manner and therefore, is liable

2 The dispute relates to the custody of a motor vehicle, the regisrered owner of which was Krishna Kumar as was evident from the certified true copy of the order sheet and also from some other documents filed by the revisionist which showed that the vehicle was registered in his name. I, however, propose to give no finding on the question of the ownership of the vehicle as it was beyond the scope of this revision application. The impugned order having been passed by the exercise of his jurisdiction in a highly illegal manner by the learned lower court, was liable to be set aside.

The revision application is allowed and the judgment and order of the learned incharge Sessions Judge, Ghaziabad dated 3181992 is set aside. The case is sent back to the court of the 1st Addl. C. J. M., Ghaziabad with the direction to get implemented his order dated ^061992 and, thereafter, expeditiously pass appropriate order regarding the release of the motor vehicle under consideration after giving opportunity of hearing to both the parties.

Let a Copy of this order be issued to the learned counsel for the parties on payment of usual charges within three days.