Allahabad High Court
Saroj Kumar vs State Of U.P. & Another on 24 July, 2014
Bench: Vijay Lakshmi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?A.F.R.
Court No. - 37
Case :- CRIMINAL REVISION No. - 3416 of 2013
Revisionist :- Saroj Kumar
Opposite Party :- State Of U.P. & Another
Counsel for Revisionist :- Puneet Bhadauria
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Vijay Lakshmi,J.
The instant revision has been preferred against the order dated 22.11.2013 passed by Additional Sessions Judge/Special Judge, (D.A.A. Act), Etawah in Sessions Trial No.98 of 2013 (State vs. Ravi Kumar Yadav & ors) arising out of Case Crime No.173 of 2013 under Sections 395, 412 IPC., P.S. Ikdil, District Etawah whereby learned Additional Sessions Judge/Special Judge has rejected the application of the revisionist praying to release her Eicher Canter Truck bearing No. U.P. 75-H 9265.
Heard Shri Puneet Bhadauriya, learned counsel for the revisionist, learned AGA for the State and perused the records.
While drawing the attention of this Court to the First Information Report of this case, learned counsel for the revisionist has vehemently argued that a perusal of the F.I.R. itself, clearly shows that the vehicle, alleged to be used by the accused persons in the occurrence, was Tata 407, whereas the vehicle of the revisionist, seized by the police is Eicher Canter Truck bearing No. U.P. 75-H 9265, which she had purchased after taking financial assistance from ShriRam Transport Finance Company Ltd. Due to seizure of the said vehicle, the revisionist is suffering great financial trouble and she is not even able to pay the monthly premium to Finance Company.
Learned counsel for the revisionist has further argued that considering the aforesaid facts, the proceedings of the concerned Session Trial have also been stayed by this Court vide order dated 22.1.2014 passed in Application under section 482 Cr.P.C. No.2114 of 2014.
It is next contended by learned counsel for the revisionist, that his tractor is lying in open place at Police Station since 18.4.2013 and is getting junk day by day. The revisionist was ready and will always be ready to furnish bond, undertaking, guarantee and security as directed by the Court, but both the courts below committed manifest error of law by rejecting his application and without keeping in view the law laid down by the Hon'ble Apex Court in the land mark case of Sunder Bhai Ambalal Desai vs. State of Gujarat AIR 2003 SC 638.
Per Contra, learned AGA, while drawing the attention of this Court to para 6 of counter affidavit has argued that Eicher Canter of revisionist which was seized by the police was used in committing robbery, regarding which a case under Sections 395 and 412 IPC was registered in which the husband of the revisionist is also an accused who is still absconding due to which the confiscation proceedings have also been initiated against him.
Vehemently denying the facts mentioned in the above contention, learned counsel for revisionist has submitted that in the wake of the order dated 22.1.12014 of this Court whereby further proceedings of the case has been stayed, there is no question of initiating any confiscation proceedings.
Having heard the rival submission from both the sides and keeping in view the law laid down by the Apex Court in Sunder Bhai (Supra) case and the fact that learned AGA has not been able to give any satisfactory answer to the question as to when in the FIR, there is specific mention of the fact that the vehicle involved in the offence was Tata 407 then how does Eicher Canter was found to be involved in this case, and seized by the police, there appears force in the submission of learned counsel for the revisionist. The revision deserves to be allowed and is allowed accordingly.
The impugned order dated 22.11.2013 is set aside and the case is remanded back to the court concerned with direction to pass a fresh order on the release application of the revisionist keeping in view the law as laid down by Hon'ble Apex Court in the case of Sunder Bhai Ambalal Desai cited above.
Order Date :- 24.7.2014
Ps/.
