Court No. - 53
Case :- APPLICATION U/S 482 No. - 23623 of 2018 Applicant :- Surendra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This case was mentioned in the morning that the case may be taken up out of turn on account of urgency.
The police report submitted to the A.C.J.M. 5th, Ghaziabad in Case Crime No. 287 of 2015, under Section 406, 420 IPC, P.S. Modi Nagar, District Ghaziabad in connection whereof the applicant's shop is said to be seized and sealed by the police is to the effect that the shop has been sealed under orders of the S.D.M. for the purpose of security of the applicant whose shop was being looted by certain creditors and the police have no objection in opening that lock. The Magistrate has rejected the application on account of the fact that the same is not maintainable as it does not relate to a pending crime or a case arising out of the crime under reference. For the same reason, this Court is of opinion that this application under Section 482 Cr.P.C. would not be maintainable. The applicant would have his remedy elsewhere.
This application is accordingly dismissed as not maintainable with liberty to the applicant to seek such remedy as may be advised under the law.
Order Date :- 30.7.2018 Imroz