LAWS(ALL)-2000-1-55

RAMPHER GUPTA Vs. STATE OF U P

Decided On January 20, 2000
RAMPHER GUPTA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) U. S. Tripathi, J. List revised. None present to press the revision. Heard the learned A. G. A. and perused the record.

(2.) TRACTOR No. U. T. O. /5061 along with its trolley was seized by the police in con nection with case Crime No. 227 of 1995 under Sections 279/304-A/427 I. P. C. P. S. Khetasarai, District Jaunpur. The op posite party No. 3 Kalu Yadav and op posite party No. 2 Lalu Yadav moved an application before the Chief Judicial Magistrate, Jaunpur for releasing the above tractor in their supurdagi. Rampher Gupta, applicant also moved another ap plication for releasing the tractor in his supurdagi. The learned Magistrate, vide its order dated 4-11-1995 rejected both the applications. The opposite party No. 3 as well as Rampher Gupta preferred criminal revision No. 254 of 1995 and 269 of 1995 before the Sessions Judge, Jaunpur. The above revisions were decided by Special Ad ditional Sessions Judge, Jaunpur by a con solidated judgment and order dated 10-8-1998 by which revision filed by Kalu Yadav and others was allowed and that filed by applicant Rampher Gupta was dismissed. The tractor in question was ordered to be given in supurdagi of opposite parties No. 2 to 5 on furnishing personal bond and one surety for Rs. 1 Lac each to the satisfaction of the Magistrate concerned and with a direc tion that they shall keep the tractor in their safe custody, shall not dispose of and shall produce before the Court as and when re quired. The above order of the Sessions Judge was challenged in this revision.