Jawahar Singh vs State Of U.P. And 4 Ors.
2021 Latest Caselaw 8008 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 83
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 9768 of 2019
 

 
Petitioner :- Jawahar Singh
 
Respondent :- State Of U.P. And 4 Ors.
 
Counsel for Petitioner :- Narendra Singh,Santosh Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Santosh Kumar Singh, learned counsel for petitioner and learned AGA representing respondents-1, 2, 3 and 4.

Perused the record.

This petition under Article 227 of Constitution of India has been filed challenging order dated 27.11.2019, passed by Chief Judicial Magistrate, Mainpuri in Release Application No. Nil of 2019 (State vs. Kuldeep) filed by applicant in Case Crime No.368 of 2019, under Sections 419, 420, 272, 273 IPC and 60 Excise Act, Police Station-Bhogaon, District-Mainpuri seeking release of seized goods.

At the outset, learned AGA has raised a preliminary objection by submitting that controversy involved in present petition stands concluded by a judgment rendered by learned Single Judge of this Court in Criminal Misc. Application under Section 482 No. 1325 of 2021 (Chandra Pal vs. State of U.P. and another) decided on 12.02.2021, wherein it has been held that during pendency of confiscation proceeding, before District Magistrate, concerned Magistrate has no jurisdiction under Section 457 Cr.P.C. to direct release of seized goods. He has further invited attention of the Court to impugned order dated 27.11.2019, wherein a categorical finding has been recorded that as per report of District Magistrate, confiscation proceedings are pending. Consequently no illegality has been committed by court below in rejecting the release application filed by applicant. He further submits that Magistrate has no power to release of good in respect of which confiscation proceedings are pending under the Excise Act. Learned AGA, therefore, contends that no illegality has been committed by court below in rejecting release application filed by petitioner.

When confronted with above, learned counsel for petitioner could not overcome to it.

Accordingly, this Court does not find any good ground to entertain this petition. The petition fails and is liable to be dismissed.

It is accordingly, dismissed.

Order Date :- 15.7.2021

Ashish Pd.