M V VENKATAPPA Vs. STATE

JUDGEMENT

(1.) GOVERNMENT pleader is directed to take notice for the respondent. He files objections.

(2.) THE grievance of the petitioner is that the learned magistrate has not released the vehicle, when he made an application under Section 457 c f the cr. P. c. , which had met with an accident. The petitioner claims that the vehicle be released to him as it is a stage carriage which is required for operation of transporting passengers. The learned magistrate despite being told that the vehicle was not required for purpose of investigation, proceeded to pass the order dated 17-2-2000 whereunder he sought information on various aspects and disposed of the application for return of the vehicle. Hence this petition under Section 482 of the cr. P. c.

(3.) THE state has opposed the application on the ground that the vehicle in question was involved in an accident committing offences under Section 66 read with 192 (a) of the Motor Vehicles Act, that the petitioner has not produced the permit and other documents for verification and that is why the learned magistrate has passed the impugned order.