SEEMA DEVI CHAUDHARI Vs. STATE OF UP

JUDGEMENT

(1.) THIS revision has been filed against the judgment and order dated 27.8.2008 passed by Additional Sessions Judge, Court No. 10, Agra in Criminal Case No. 34/08 (Smt. Seema Dew v. State of U.P.) arising out of Crime No. 40/07 of P.S. Etmaddaula, District Agra, wherein application moved by the revisionist Smt. Seema Devi Chaudhari under Section 451 of Cr.P.C. for release of Bolero Vehicle No. HR-37A/7332 has been dismissed.

(2.) I have heard Shri Rameshwar Prasad holding brief of Shri Brijesh Sahai, learned counsel for the revisionist and learned A.GA. for the State of U.P. on this revision and perused the record.

(3.) THE learned counsel for the revisionist has contended that the trial Court has passed the impugned order without considering the facts and circumstances of the case as the vehicle has never been involved in the offence and prosecution has failed to collect any evidence that the present revisionist is also involved in the commission of alleged offence.