Court No. - 65
Case :- APPLICATION U/S 482 No. - 42889 of 2019 Applicant :- Anita Mittal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Bhushan Singhal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Aditya Bhushan Singhal, learned counsel for the applicant and Sri Abhinav Prasad, learned AGA for the State.
The present Application U/S 482 Cr.PC, has been preferred by the applicant with a prayer to quash/stay the impugned order dated 9.8.2019 passed by the Addl. Chief Metropolitan Magistrate, Court No. 8, Kanpur Nagar whereby the application dated 1.8.2009 of the application for the release of goods has been rejected in Case Crime No. 114/2019 (State v. Unknown) under section 394, 411 IPC, Police Station Nawabganj, District- Kanpur.
It is contended by learned counsel for the applicant that applicant was not provided any opportunity to prove her ownership with regard to claim of stolen articles i.e. cash amount and ornaments etc. The court below has also failed to hold any summary inquiry to find out truth in the claim set up by the applicant. Hence, the impugned order suffers from material illegality and prevailing law.
After hearing the learned counsel for the applicant, learned AGA and after without entering into the merits of case impugned order dated 9.8.2019, passed by the Addl. Chief Metropolitan Magistrate, Court No. 8, Kanpur Nagar in the aforesaid case is set aside and the matter is remitted back to Addl. Chief Metropolitan Magistrate, Court No. 8, Kanpur Nagar concerned to pass a fresh order, strictly in accordance with law after hearing the parties within a period of two months from the date of production of a certified copy of this order before him.
Accordingly, instant application is finally disposed off.
Order Date :- 28.11.2019 ssm