IMTIAZ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed by Imtiaz Ahmad and Nisar Ahmad sons of Mukhtar Ahmad RIO. Bir Qazi, P.S. Phoolpur, district Allahabad.

(2.) It is averred in the writ petition that the petitioner Imtiaz Ahmad lodged an F.I.R. at P.S. Phoolpur district Allahabad on 20.5.1991 alleging that petitioner No. 1 was chief agent of his brother, petitioner No. 2, who was contesting election of Member of Parliament as a candidate of Samajwadi Janta Dal from Phoolpur Constituency. On 20.5.1991 he was a on round to the various polling stations. At about 4.30 P.M. when he reached Malchawa (Sadalpur) his polling agent Deep Chand informed him that Tulsi Ram Patel and others were creating problems in peaceful polling. In the meantime Tulsiram and others arrived and after a short exchange of words they set fire to Maruti Van No. DL-4C-1 03 and a Jeep No. UGV 6541 and also to some scooters. The writ, petition goes on to state that currency notes worth Rs. 1,65,000/- which belonged to petitioners Firm MIS Star Laminators were also badly damaged in the fire. Some currency notes were fully burnt and some were only partially burnt. Imtiaz Ahmad also produced the said currency notes at the Police Station. The said burnt and partially burnt currency notes were taken into possession. According to the petitioners currency notes worth Rs. 1,35,000/- which arc only partially burnt condition can be exchanged for new notes from the Reserve Bank of India.

(3.) An application was made before learned A.C.J.M. VII, Allahabad with a prayer that the currency notes be returned to petitioner Imtiaz Ahmad. The learned A.C.J.M. VII, Allahabad by his order dated 1.7.1991 rejected this prayer. Imtiaz Ahmad, thereafter filed criminal Revision No. 102 of 1991 in the court of Sessions but the revision was dismissed by the learned Sessions Judge, Allahabad on 20.1 .1992. The petitioners have now come up to this Court.