PIYUSH PURWAR Vs. ADDL CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) HEARD Mr. Puneet Chandra, learned counsel for the petitioner and learned AGA for the respondent and perused the record.

(2.) THIS is a petition under Section 482 Cr.P.C. for quashing the order dated 18.6.2010 passed by Additional Chief Judicial Magistrate, Court No. 27, Lucknow, in Case Crime No. 150/2010, under Section 381 I.P.C., P.S. Vikas Nagar, District Lucknow.

(3.) THE learned counsel for the petitioner submitted that the petitioner was not provided any opportunity to prove his ownership in regard to the claim of cash amount and the ornaments nor the learned Magistrate held any summary inquiry to find out truth in the claim set up by the petitioner. Therefore, the impugned order suffers from material illegality resulting in failure of justice in the case. The learned counsel for the petitioner further submitted that the Apex Court has settled the legal position in regard to disposal of the case properties, in the case of Sunder Bhai Amba Lal Desai v. State of Gujrat (2002) 10 SCC 283, therefore, the learned Magistrate was required to consider the matter accordingly. The observations of the Apex Court in paras 11, 12, 13 and 14 are required to be observed as guidelines for disposal of valuable articles and currency notes etc., which are being reproduced as follows:-