Court No. - 53
Case :- APPLICATION U/S 482 No. - 25484 of 2018 Applicant :- Anand Kumar Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned A.G.A. appearing for the State.
This application has been filed seeking to expedite the proceedings of Criminal Revision no.440 of 2015, Anand Kumar Tiwari vs. State of U.P., which is said to have been filed from an application declining to release a vehicle seized in connection with Case Crime no.129 of 2015, under Sections 411, 419, 420, 467, 468, 471 & 406 IPC, Police Station Barra, District Kanpur Nagar.
It is submitted that the vehicle, subject matter of the criminal case is financed by a Bank and on account of non-operation of the vehicle, the applicant, who is the registered owner, is suffering undeserved prejudice as he is unable to repay his loan on account of seizure of the vehicle, which is in custody of the police. Even otherwise the law on the point is fairly clear that the vehicles seized in connection with crimes are invariably to be released in favour of registered owner and not parked to rot at the Police Station.
However, this Court does not wish to give any opinion on the merits of the case and the Revisional Court would be free to decide the matter in accordance with law bearing in mind guidance of authorities in the matter of release of vehicle seized during investigation under Section 457 Cr.P.C. However, arising from a release matter, the revision should be disposed of expeditiously, which is not being done and in that regard it is directed the learned Sessions Judge seized of Criminal Revision no.440 of 2015, which is now pending in the third year after its institution shall be disposed of within eight weeks next positively unless there be any legal impediment.
With the aforesaid orders, this application is disposed of.
Order Date :- 27.7.2018 Anoop