Court No. - 49
Case :- APPLICATION U/S 482 No. - 31958 of 2018 Applicant :- Kamlesh Singh Opposite Party :- State Of Up Counsel for Applicant :- Ganesh Shankar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed against the order dated 08.08.2018 passed by the Judicial Magistrate, Mirzapur, by which the learned Magistrate has rejected the application filed by the applicant for release of his motorcycle.
3. Learned counsel for the applicant submits that the applicant is the registered owner of the seized motorcycle, bearing registration no. UP 70 EK 1662 that was seized by the police while it was being used by one Vidhya Shankar son of Ram Mani. Learned counsel for the applicant would further submit that the original registration certificate and the documents of the insurance had been produced by him before the learned court below. However, the learned court below has without taking note of that documents, rejected the application by referring to the seized vehicle by its engine number and chasis number stamped by the manufacturer and not by making reference to the registration number of the said motor vehicle.
4. It is further submitted that the learned court below has erred in rejecting the release application on the reasoning that the driver namely Vidhya Shankar son of Ram Mani has not yet sought been on bail. It is then submitted that the order passed by the learned court below is based on extraneous consideration.
5. The argument advanced by learned counsel for the applicant merits acceptance in view of the fact there does not appear any dispute as to the ownership of the vehicle.
6. In such circumstance, the impugned order 08.08.2018 is hereby set aside. The matter is remitted to the learned court below to pass afresh and appropriate order with respect to the release of the vehicle keeping in mind the decision of the Supreme Court in the case of Sunderbhai Ambalal Desai AIR 2003 SC 638.
7. In view of the aforesaid observation, the instant application is allowed.
Order Date :- 18.9.2018 Lbm/-