MOHD SHAMIM KHAN Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. By means of the present application, under Section 482 of the Code of Criminal Procedure, the applicant Mohd. Shamim Khan has prayed for release of vehicle UCJ/6617 (T) in his favour, by staying the order dated 5-12-2001, passed by the Civil Judge (Junior Division), Mohammadabad, District Ghazipur in Criminal Case No. 1210 of 2001 and order dated 10-1-2002 passed by the Sessions Judge, Ghazipur in Criminal Revision No. 22-A of 2002.

(2.) THE brief facts giving rise to the present application, are that the applicant owned a Mahindra Jeep No. UCJ/6617 (T) in his name. THE vehicle was also insured and registration certificate was issued by the concerned authority. THE said vehicle was seized by Opposite Party No. 2 on 2-8-2000 and it was detained in this custody from 2-8-2000 to 11-4-2001, under the Motor Vehicles Act. THE applicant applied for release of the vehicle, which was released in his favour, by order dated 11-4-2001, on certain conditions. THE conditions laid down by the Court below, have been fulfilled by the applicant and no breach of any condition was committed and the said vehicle was kept at the residence of the applicant. THE applicant was taking away his vehicle for repairs on 22-11-2001, when A. R. T. O. Ghazipur seized the vehicle. THE applicant again moved an application for release of the vehicle before the concerned Court, which was rejected on 5-12-2001 and the revision filed before the Sessions Judge, Ghazipur was also dismissed on 10-1-2002.

(3.) A perusal of certificate of registration (Annexure-1) and the insurance certificate (Annexure-2) shows that it was in the name of the applicant.