Mohd. Arif vs State Of U.P. & Another
2017 Latest Caselaw 7526 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 38755 of 2017
 

 
Applicant :- Mohd. Arif
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Prateek Samadhiya,Kartikeya Saran
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Learned counsel for the applicant is permitted to make necessary correction in the prayer column of the application.

The only prayer with which, the applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C., is to direct the learned Chief Judicial Magistrate, Jhansi District- Jhansi to decide the release application pending in the Case No.1252/2017, pending in pursuance of Case Crime No.0505/2017 (State Vs. Javed), under Sections 379, 411, 420, 467, 468, 471 I.P.C. and Sections 3/57/70/4/21 Mines Act, Police Station- Mauranipur, District- Jhansi, within 15 days in light of the law laid down by Hon'ble Apex Court in 2003 (1) JIC 615 (SC) (Sunderbhai Ambala Desai Vs. State of of Gujrat). Prayer has also been made to direct the learned Chief Judicial Magistrate, Jhansi to release Truck No.U.P. 41 AT 0027, seized by the concerned police of Police Station- Mauranipur, District- Jhansi on the application of the applicant.

Learned counsel for the applicant has submitted that the Truck No. U.P. 41 AT 0027 which has been seized by the police of Mauranipur, District-Jhansi is lying the police station and its condition is getting deteriorated day by day and ultimately it will be converted into a junk. It is further submitted that the application for release of the said vehicle was filed by the applicant on 04.08.2017, but no order has been passed on the said application till date. The attention of this Court has also been drawn towards the certified copy of the Order Sheet of the case concerned to show that in a routine manner, the dates are being fixed in this case calling for report from the police station concerned.

In view of the facts and circumstances of the case and as the application for release of the vehicle is pending since long, the court below is directed to make all possible efforts to decide the application for release of the vehicle within a period of 30 days from the date of production of a certified copy of this order.

With the aforesaid direction, this application is finally disposed of.

Order Date :- 1.12.2017

Nisha