C482/739/2020
2021 Latest Caselaw 1121 UK

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                                  C482 No. 739 of 2020

                                  Hon'ble N.S. Dhanik, J.

Mr. Harshit Sanwal, learned counsel for the applicant.

Mr. Pankaj Joshi, learned Brief Holder for the State.

The applicant has filed the present criminal misc. application under Section 482 Cr.P.C. seeking the following reliefs:

"(a) To quash-set aside the order dated 20.07.2019 passed by the learned District & Sessions Judge, Udham Singh Nagar in Criminal Revision No. 142 of 2019 as well as the order dated 14.05.2019 passed by the learned Additional Chief Judicial Magistrate/5th Additional Civil Judge (S.D.), Rudrapur, Udham Singh Nagar in Criminal Case No. 4791/2018, "State v. Vijay Kumar" allow the prayer for melting & remoulding of the case property.

(b) Pass an order permitting the use/disposal of the case property i.e. 299 Zinc Plates, in FIR No. 47 of 2018, registered under Section 407 of IPC at P.S. Pantnagar in a manner as deemed fit including melting; moulding & remoulding.

(c) aSet-aside the condition imposed vide order dated 09.08.2018 in Criminal Case No. 4791/2018 with respect to release of case property."

                                         Learned    counsel   for           the
                                  petitioner would submit that in           the
                                  release application filed before          the
                                  court below, the applicant                has
                                  furnished the bond surety against         the

case property and the purpose of withholding the case property has already been fulfilled and there is no harm to anyone for releasing the case property without imposing any non-

fisible condition.

After arguing at some length, learned counsel for the applicant confined his prayer only to the extent that he may be given a liberty to move a fresh application before the trial court and the trial court may decide the same in the light of judgment of Hon'ble Supreme Court in the case of Sunderbhai Amalal Desai v. State of Gujarat reported in (2002) 10 SCC 283, as expeditiously as possible.

Learned State counsel has no objection to the prayer sought by learned counsel for the applicant.

Accordingly, the present criminal misc. application under Section 482 Cr.P.C. is disposed of with a liberty to file a fresh application before the trial court and the trial court shall consider it and decide the same, as expeditiously as possible, in accordance with law in the light of aforementioned judgment.

(N.S. Dhanik, J.) 24.03.2021

AK