RAM MAHESH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned A.G.A. and perused the records.

(2.) The petitioner had applied for release of his truck before the court of Chief Judicial Magistrate, Budaun but his application was rejected by the order dated 30.6.2011 passed by Chief Judicial Magistrate, Budaun. The criminal revision preferred against such order was also dismissed by the Addl. Sessions Judge, Court No. 8, Budaun. Hence by means of this writ petition the petitioner has prayed that both the aforesaid orders of the court below be set aside and his truck which is getting junked day by day standing unattended at the premises of the police station, be released.

(3.) Some background facts, in brief, are that a first information report was lodged against the petitioner under Sections 406, 420, 467, 468 and 471 I.P.C. when it was found by Sub Inspector, S.O.G. Team of district Budaun that he was using two trucks with same registration number. Out of two trucks bearing the same registration number, one truck having valid documents was released in favour of the petitioner but the other was seized by the police and was kept inside the premises of police station.