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Mukhtar Singh @ Mukha vs State of U.P. and Another

Uttarakhand High Court · Decided on 8 December 2009 · Citation: (2010) 1 NCC 425

HON’BLE JUDGES
Alok Singh, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 379, 411
CASE NUMBER
Criminal Revision No. 432 of 2001
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Judgment

5 paragraphs · 347 words

Alok Singh, J.—Heard Sri Akhil Kumar Sah, learned Counsel for the revisionist and Sri Nandan Arya, learned A.G.A. for the Respondent No. 1.

2.

As per the affidavit of service dated 7-12-2009 notice on behalf of Respondent No. 2 has been received by his real brother. Respondent No. 2 is served through substituted service.

3.

Revisionist herein was challaned under Sections 379 and 411 I.P.C. Learned trial court vide order and judgment dated 26-5-1989 convicted the revisionist u/s 411 I.P.C. however acquitted him from the charges u/s 379 I.P.C. Learned trial court awarded sentence of two years'' R.I. to the revisionist as well as to the co-accused. It is stated by learned Counsel for the revisionist that in appeal all the accused were acquitted from the charges u/s 411 I.P.C. also. Mr. Sah further stated that if Petitioner was acquitted from the charges u/s 411 I.P.C. then truck recovered from his possession should have been released in his favour.

4.

I have carefully examined the record. Only because revisionist is acquitted from the charges u/s 379 and 411 I.P.C, it does not mean that he is entitled for the release of the Lori (truck) in his favour. It is the matter of evidence as to whether the case property belongs to the accused or belongs to the complainant. In a miscellaneous proceeding like this, this question can not be decided. As per the complainant truck belongs to him. If charges u/s 379 and 411 I.P.C. not proved, as in the instant case, resulting in acquittal does not mean property would be released in favour of the accused in each and only case. Release of property depends upon certain requirements. In the matter of Registered Motor Vehicle, same cannot be released in favour of the accused on his acquittal. It has to be released in favour of the registered owner.

5.

Revisionist may get this title decided in the competent court and if it is found that Lory (truck) belongs to him then it will be released in his favour, subject to the above, revision stands disposed of.