SHYAM BIHARI Vs. STATE OF U P

JUDGEMENT

(1.) The instant writ petition has been filed as the petitioner has felt aggrieved by an order dated 12.4.2012 passed by V Additional Sessions Judge, Mirzapur in criminal revision No. 11 of 2012 and order dated 8.11.2011 passed by the Additional Chief Judicial Magistrate 1st, Mirzapur in S.T. No. 253 of 2011 (arising out of case crime No. 260 of 2011), State v. Ashish Patel and others, P.S. Ahrora, district Mirzapur. Respondent No. 2 of this case is Station Officer of P.S. Ahrora district Mirzapur who is properly re-presented by the learned AGA and-so is the case of respondent No. 1, hence no notice has been issued to respondent No. 2 and with consent of the parties present before this Court this petition is finally disposed of after due hearing.

(2.) In a police encounter which took place at 12.45 p.m. on 17.5.2011 one Ashish Patel was also arrested by the police. Ashish Patel is the son of the petitioner Shyam Bihari. After detention and arrest of all the accused persons named in the FIR certain stolen articles and illicit arms and ammunitions were recovered from their possession. Asish Patel was riding a Hero Honda. Passion motorcycle which too was taken into custody by the arresting officer and it was also brought to the police station. On examination it was found that the said motorcycle was having a fake re registration number. It was also found that the engine and chassis numbers were tampered and were made illegible.

(3.) When the petitioner came to know that his motor-cycle was detained at the police station he approached the Magistrate of the Court concerned with an application informing the Magistrate that the said motor-cycle was his property and he was its registered owner. The learned Magistrate called for the report of the police station and when he found that the registration number of the motorcycle as mentioned by the petitioner in his application under Section 451 Cr.P.C. was not detained by the police in the relevant case he, in a cursory manner, rejected the application for release of the said vehicle.