Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 5002 of 2018 Petitioner :- Praveen Kumar Sharma Respondent :- Additional Chief Judical Magistrate Counsel for Petitioner :- Surendra Pratap Singh
Hon'ble Rajeev Misra,J.
Heard Mr. Surendra Pratap Singh, learned counsel for the petitioner and the learned A.G.A. for the State.
This petition under Article 227 of the Constitution of India has been filed challenging the order dated 23.3.2018, passed by the Additional Chief Judicial Magistrate, Court No. 1, Bulandshahar (Annexure 4 to the petition).
From the perusal of the impugned order dated 23.3.2018, it is apparent that earlier the petitioner has filed a release application, which was rejected by means of the order dated 17.9.2012. Learned counsel for the petitioner submits that this order dated 17.9.2012 has been challenged by the petitioner by means of Criminal Misc. Writ Petition No. 517 of 2013, which is said to be pending. Consequently, the second application filed by the petitioner for release of the disputed vehicle before the court below was misconceived in law and fact. Consequently, the Court below has not committed any error in rejecting the same.
In view of the facts, as noted herein above, the present petition is virtually the second petition for the same relief. The same is not maintainable and it is, accordingly, dismissed.
Order Date :- 28.8.2018 Arshad