SALMA AIJAZ Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This criminal revision has been directed against the order dated 24-9-2005 passed in release application No. Nil of 2005, State v. Unknown, under Section 41 Cr. P. C. /411 IPC, P. S. Karvi, District Chitrakoot whereby the release application of the applicant revisionist was rejected on the ground of beyond jurisdiction.

(2.) THE brief facts, arising out of the case are that on 18-7-2005 the truck bearing No. U. P. 70/at 2262 was booked by Delhi Assam Roadways Indore and plastic granule was loaded on the truck of the applicant for the transportation to the destination of District Varanasi. In the way of transportation of goods the second driver Sri Kamlesh Kumar Shukla had badly injured the driver Harish Chandra with an intention to commit loot fled away with loaded truck in question on 19-7-2005. He was admitted in the hospital by visible persons. In this regard a first information was lodged at police station Bareili, District Raisen (M. P. ). On 25-7-2005, the applicant got a telephonic message from unknown person that his truck was lying in the area of the police station Karvi, District Chitrakoot (U. P.) and as such the applicant revisionist rushed to the site and found that the truck was found unloaded and on an enquiry, it was informed that the second driver Kamlesh Kumar Shukla fled away with the goods of truck towards Rajapur. THE applicant informed this fact to the concerned Police Station Karvi, District Chitrakoot and the truck was brought to the police station Karvi with the help of police and by the joint efforts of the police personnel, the goods were also recovered under the limits of police station Rajapur and was also taken by the police in its custody and a report was lodged in this regard at P. S. Karvi, District Chitrakoot on 29-7-2005 which was registered as Case Crime No. Nil of 2005 under Sections 392/412 IPC.

(3.) I have heard learned Counsel for the both the sides and perused the records.