OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This revision application has been preferred against the order dated 23-4-91 passed by Sri Kali Ram, 8th Additional Sessions Judge, Bulandshahar setting aside the order of the learned Magistrate dated 26-3-91 who directed the Maruti Van No. UMD 4355 to be given in the custody of the applicant imposing certain terms and conditions. When this revision was filed the learned State Counsel, on 5-9-91, prayed for and granted time to file a counter-affidavit by 8-7-91 and the rejoinder affidavit was to be filed by 15-7-91 but till date no counter-affidavit has been filed.

(2.) THE Maruti Van No. UMD 4355 was found abandoned near a Railway Gate, falling under the Police Station Gulauti, in the District of Bulandshahr. It was said that this Maruti Van was used in certain dacoity case and is a material exhibit of the case Crime No. 26 of 1991, under Sections 395, 397, 412 and 120-B, IPC of the Police Station Angota District Bulandshahr.

(3.) I have heard the learned Counsel for the applicant as will as learned State Counsel. The learned State Counsel argued that as the Maruti Van being a material exhibit of the crime of dacoity it is necessary to be produced before the Court at the time of the trial of the case. Learned Counsel for the applicant argued out that as the condition of the Maruti Van is being deteriorated at the police station the applicant will suffer an irreparable loss if an order of its Supurdagi is not passed.