VIJAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) When this case was taken up today, it transpired that the court below had disposed of the application under Sec. 482 Cr1. P.C. with following observations:

(2.) A perusal of the judgment dated 30.9.85 in Special Sessions Trial No. 1 of 1986 ate Aditya Kumar under Sec. 3/7 of the E.C. Act, P.S. Mohamdabad District Farrukhabad reveals that all the accused in the said case were acquitted. The applicant Vijay Singh was also one of he accused-persons in the above mentioned special trial. He had made the application under Sec. 482 Cr. P.C. for release of the wheat which was the case property. It is common ground of both the sides that wheat having been sold, its sale proceeds are lying in the court below. By the impugned order, the application had been dismissed. The appellant has a right of appeal in the High Court under Sec. 482, Cr. P.C.

(3.) After hearing learned counsel for the appellant and learned Addl. Government Advocate, I do not think any useful purpose would be achieved if this appeal is kept bending in the High Court. Learned Addl. Government Advocate is also of the opinion that if the appellant moves a proper application in the court below. which should be below, of all vagueness and complete in all details etc. then it would be possible for the court below itself to consider the application for release of the wheat on merit.