Hira Singh vs State And 2 Others
2022 Latest Caselaw 3177 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8460 of 2019
 

 
Petitioner :- Hira Singh
 
Respondent :- State And 2 Others
 
Counsel for Petitioner :- Alka Upadhyay,Santosh Tripathi
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Learned counsel for the petitioner submitted that the petitioner is owner of the Scorpio Vehicle No.UP63L 0783. Registration Certification as been annexed. He has further submitted that though he is owner of the vehicle but he is not named in the FIR and the vehicle was being driven by another person who has already been granted bail.

Learned counsel for the petitioner further submitted that vehicle has been seized in the year 2019 and is standing in the police station.

Learned counsel for the petitioner relied upon a judgment dated 22.1.2020 passed in Application U/S 482 No.33012 of 2019, Vikas Kumar Vs. State of U.P. and another.

In view of the facts and circumstances of the case, this is undisputed fact that the petitioner is registered owner of the vehicle in question and no useful purpose would be served in keeping the vehicle in police station in open yard.

In view of the circumstances, the impugned order dated 8.4.2019 and 3.8.2019 are set aside. The petition is allowed. The matter is remitted back to the concerned Magistrate to decide the release application afresh within a period of two months and if found that the petitioner is owner of the vehicle, the vehicle may be released on depositing the security at cost as market value of the vehicle.

Order Date :- 17.5.2022

SFH