Court No. - 55
Case :- CRIMINAL REVISION No. - 3256 of 2007 Revisionist :- Devendra Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Arvind Kumar Shukla Counsel for Opposite Party :- Govt. Advocate
Hon'ble Pradeep Kumar Srivastava,J.
Shri Sudhir Kumar Shukla, Advocate holding brief of Shri Arvind Kumar Shukla, learned counsel for the revisionist and learned A.G.A are present.
Heard on revision.
This revision has been filed against the impugned order dated 27.07.2007 passed by Additional Chief Judicial Magistrate, Bareilly in case no. 248 of 2007 (State Vs. Iqrar Ahmad) under Section 3/7 of Essential Commodities Act, Police Station Bhojipura District Bareilly by which release application of the revisionist who happens to be the driver of the tanker where from the alleged Rs. 1,17,000/- and Sony mobile phone was recovered has been rejected.
From the perusal of the impugned order, it appears that before the learned court below there was nothing put forward on behalf of the applicant that how he was entitled to claim the money and mobile phone and there was no proof as such before the learned court below.
The learned counsel has submitted that he may be permitted to give a fresh application before the court below showing his entitlement and proof and accordingly the revision may be disposed of.
In view of the submission made by the learned counsel and in view of the order which has been passed by the court below and finding no material irregularity or illegality at this stage nor any jurisdictional error, the revision is disposed of with direction that if from 30 days from today the revisionist gives an application along-with proof of his entitlement before the learned court below in respect of the said money and mobile phone the same shall be disposed of by the court below expeditiously, in accordance with law without being affected by this order of the Court.
Order Date :- 27.11.2019 PS