Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 37440 of 2018 Petitioner :- Kamta Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya Counsel for Respondent :- G.A.,Gaurav Tripathi
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ajit Singh,J.
This writ petition has been filed by the petitioner with the following prayer:
(i) issue a writ, order or direction in the nature of mandamus, commanding and directing the respondent nos. 2 and 3 not to compel the petitioner for surrender of the vehicle in question i.e. Bolero ZZX, Engine No. WJJ6E52042, Chassis No. MAIXK2WJXJ5E32090 at Police Station Karvi, District- Chitrakoot in connection to Case Crime No. 777 of 2018, under Sections 409, 419, 420, 467, 468, 471, 120B I.P.C., P.S.- Karvi Kotwali Nagar, District- Chitrakoot, prior to returning the money of the petitioner in his account.
Heard learned counsel for the petitioner and learned A.G.A. for the State. Perused the record.
The main prayer as is contained in the writ petition does not appear to be very consistent with the prayer which is contained in Criminal Misc. Application No. 1 of 2018 moved under Chapter XXII Rule 1, Rules of the Court, 1952. The facts and circumstances of the case as transpired from the perusal of the record are such that this Court does not feel inclined to allow the main prayer as this Court does not feel satisfied about the sufficiency of relevant documents which may be justify the retention of the vehicle by the petitioner at this stage. If the petitioner has any such documents which may justify the retention of the vehicle they have not been filed along with the writ petition. But it appears that some representation has been made before the S.P. concerned on 15.12.2018 expressing his grievance by way of an application in which the petitioner has tried to justify the possession of the vehicle and has also sought to get back the money deposited by him before he may be asked to surrender the vehicle. This representation appears to be undecided so far. This Court deems it fit in the circumstances to direct that the S.P. concerned shall look into the aforesaid representation and do the needful by passing appropriate orders upon the same in accordance with law at the earliest expeditiously and do the needful.
The matter is pending investigation and any further directions by this Court in the set of circumstances as have come up before us, do not appear to be called for.
This writ petition stands disposed of with the aforesaid observations.
Order Date :- 19.12.2018 Naresh/Mini