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Saleem vs State of Uttarakhand

Uttarakhand High Court · Decided on 17 August 2011 · Citation: (2011) 08 UK CK 0003

HON’BLE JUDGES
Prafulla C. Pant, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Application (C-482) No. 658 of 2011 and Interim Relief Application No. 835 of 2011
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Judgment

6 paragraphs · 321 words

Prafulla C. Pant, J.—Heard.

2.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioner has challenged the order dated 13.07.2011, passed by Additional Sessions Judge, Nainital in Criminal Revision No. 42 of 2011, whereby order dated 16.06.2011, passed by Additional Chief Judicial Magistrate, Haldwani, (in Criminal Misc. Case No. 75 of 2011) is affirmed. The Petitioner has further sought release of the vehicle bearing registration No. HR37-B-3446, in his favour.

3.

Learned Counsel for the Petitioner pleaded that the aforesaid vehicle is owned by the Petitioner. Attention of this Court is drawn to annexure-2 to the counter affidavit filed on behalf of the state, which is copy of letter issued by Assistant Regional Officer Bareilly, to the police station Haldwani, whereby it is stated that the vehicle bearing registration No. HR37-B-3446 is registered in the name of Saleem, Son of Laeek, Resident of Izzat Nagar, Bareilly, (present Petitioner).

4.

From the impugned order also it appears that in respect of the vehicle in question there was a fitness certificate valid up to 03.02.2012 and tax was already paid till 24.07.2011.

5.

The police appears to have took the vehicle to police station as a unclaimed property. It is not related to any crime.

6.

In the above circumstances, since this Court is of the view that the Petitioner is registered owner of the vehicle which is not connected with any crime, the petition u/s 482 of Code of Criminal Procedure, deserves to be allowed. Accordingly, the petition is allowed. Impugned judgment and order dated 13.07.2011, passed by Additional Sessions Judge/Ist Fast Track Court, Nainital in Criminal Revision No. 42 of 2011, and the order dated 16.06.2011, passed by Additional Chief Judicial Magistrate, Haldwani, (in Criminal Misc. Case No. 75 of 2011) declining to release of vehicle are hereby set aside. Let the vehicle bearing registration No. HR37-B-3446 be released on favour of the Petitioner.