VINOD KUMAR ALIAS DAMPI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner challenges the order dated 18th July, 2020, passed in application no. 558 of 2020, State vs. Vinod and others, by the Court of Additional Chief Judicial Magistrate, Kashipur. By this order, an application for the release of the vehicle was dismissed for non maintainability.

(2.) Facts briefly stated are that in FIR No. 520 of 2019, under Sections 302, 201, 212A,394, 412 and 34 IPC, Police Station Kashipur, District Udham Singh Nagar two motor cycles bearing registration nos. UK18 C 5324 and UK 18 J 0431 were taken into custody. In the concerned FIR, charge-sheet has already been submitted and the case has been committed to the court of Sessions for trial on 4th February, 2020.

(3.) The petitioner filed an application for release of the vehicles in the Sessions Court which was rejected on 18th June, 2020 with the observation that such an application may be maintainable before the Court of Magistrate. Petitioner, thereafter, approached the court of Magistrate, who, on 18th July, 2020, by the impugned order observed that since the case has already been committed, therefore, the Magistrate cannot decide the application for release of the vehicle.