Court No. - 85
Case :- APPLICATION U/S 482 No. - 14061 of 2021 Applicant :- Sarfaraz Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 27.10.2020 passed by Incharge/ Additional Chief Judicial Magistrate, Room No.10, Allahabad in Case Crime No.376 of 2020 (State of U.P. Vs. Anwar Ali), under sections 379, 411 I.P.c., Police Station- Shankargarh, District- Allahabad and order dated 17.11.2020 passed by Additional Sessions Judge, Room No.1, Allahabad in Criminal Revision No.101 of 2020 (CNR No.UPAD010092632020) (Sarfaraz Ali Vs. State of U.P.).
Submission of counsel for the applicant is that the allegations against the applicant is that the applicant has stolen the buffaloes but the applicant was not arrested from the spot from where the three other co-accused were arrested. Further submission is that the name of applicant has been surfaced in the statement of one of the co-accused Anwar Ali. It is also submitted that the applicant have all the receipts from whom he had purchased the buffaloes. Contention is that the applicant has already obtained anticipatory bail from the court below. Next submitted that the seller of the buffaloes has filed affidavits on 27.10.2020 before the court below that the animals belongs to the applicant and may be released in his favour.
Learned counsel for the applicant has specifically placed reliance upon the judgment of Hon'ble Supreme Court in the Case of M.B. Shah and D.M. Dharmadhikari JJ. [2013(1)JIC615(SC)] wherein it has been held as under :
"In our view, the powers under Section 451 Cr.P.C. should be exercised expeditiously and judiciously. It would serve various purposes, namely:-
1. Owner of the article would not suffer because of its remaining unused or by its misappropriation.
2. Court or the police would not be required to keep the article in safe custody;
3. If the proper panchanama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. If necessary, evidence could also be recorded describing the nature of the properly in detail; and
4. This jurisdiction of the Court to record evidence should be exercised promptly so that there may not be further chance of tampering with the articles."
Considering the above facts and circumstances of the case, in the light of the above observations it is directed that the Court below may pass appropriate orders after considering the matter in accordance with law.
The application stands disposed of.
Order Date :- 13.8.2021 shiv