MOHAMMAD AASIF Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionist and learned A.G.A.

(2.) The revisionist Mohd. Aasif has filed this revision against the order dated 19.12.2011 passed by the Special Judge (D.A.A.), Court No. 4, Firozabad in Criminal Misc. Case No. 232 of 2011-Mohd. Aasif Vs. State of U.P., Crime No. 208 of 2011, under Sections 399, 402 I.P.C., Police Station Nasirpur, District Firozabad, by which the release application of the revisionist has been rejected on the ground that if the vehicle is released, it may be used in criminal activities.

(3.) The revisionist Mohd. Aasif moved a release application for release of his Scorpio Car bearing Registration No. HR-7B-3344, claiming himself to be the registered owner thereof, saying that the accused persons Irfan and Sahabuddin had hired the aforesaid Scorpio Car from him on 12.11.2011 for going to Sikandra Rao and then in a marriage. The revisionist on believing them, entrusted his vehicle to them but the accused persons did not return his vehicle and the said vehicle was seized by the police on 15.11.2011 in Crime No. 208 of 2011, under Sections 399, 402 I.P.C., Police Station Nasirpur, District Firozabad, on the ground that the said vehicle was being used by the accused persons Ikrar, Iqbal and ten others, when the police asked to stop the said vehicle, they made fire with intention to kill them. The named accused persons could not show the papers of the Car and the police thought it to be stolen and then challaned the accused persons sitting in the said vehicle. When the accused persons did not return his Car, the revisionist moved an application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Kanshi Ram Nagar on 17.11.2011 and by order of the Court dated 2.12.2011, the F.I.R. at Crime No. 629 of 2011, under Sections 403, 406 I.P.C., was lodged on 21.12.2011.