STATE OF U P Vs. SURENDRA KUMAR

JUDGEMENT

(1.) The application for intervention is refused.

(2.) The State of U. P. , the appellant herein has impugned the order passed by a learned judge of the Allahabad High Court dated 20th september, 2002 in Criminal Miscellaneous application No. 4909 of 2002. The learned judge, - by his aforesaid order, modified his earlier order passed on 21.5.2002 which was an order passed on an appl. cation filed by the respondent under Section 482 Cr. P. C.

(3.) The facts of the case are that the respondent Surendra Kumar is a partner of a firm which has been appointed as the City booking Agent of the Northern Railways having its office in Kanpur. It appears that the Sales tax Officer seized certain goods from the aforesaid city booking office of the respondent and in connection therewith a proceeding was initiated which was pending before the Court of the First ACJM, Kanpur. A criminal case was registered under Sections 420, 468, 471,481, 482 and 120b I. P. C. but it is not in dispute that the respondent is not an accused in that case which is against unknown persons. A prayer was made before the learned ACJM for release of the goods seized by the Sales Tax authorities. After considering the matter, by an order dated 20th April, 2002 the ACJM directed that the goods be released in favour of the respondent Surendra Kumar subject to his furnishing a personal bond in the sum of Rs. 1,00,000/ -.