Court No. - 15
Case :- APPLICATION U/S 482 No. - 43032 of 2018 Applicant :- Pankaj Parikh Opposite Party :- State Of Up Counsel for Applicant :- Achyuta Nand Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A., for the State. Perused the record.
This application under Section 482 Cr.P.C., has been filed to quash the order dated 25.10.2018 passed by Judicial Magistrate, Fatehabad, Agra in Case Crime No. 435 of 2018 (State Vs. Unknown) under Sections 279, 337, 338 IPC, Police Station Fatehabad, District Agra whereby application of the applicant under Section 451 Cr.P.C., was rejected on the ground that applicant was not present in the court and, driver of the vehicle/accused has not surrendered before the court concerned.
Learned counsel for the applicant contended that on the ground that driver is not appearing before the court, release of the vehicle cannot be denied.
Accordingly, the impugned order dated 25.10.2018 passed by Judicial Magistrate, Fatehabad, Agra passed in the aforesaid case is quashed.
Learned Magistrate is directed to pass order afresh on the application of the applicant for release of the vehicle under Section 451 Cr.P.C., at the earliest.
With aforesaid observation, this application under Section 482 Cr.P.C., stands allowed.
Order Date :- 29.11.2018 Jaswant