PRADEEP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This is an application under Section 482 Cr.P.C. for quashing the orders dated 29.11.2005 and 24.11.2005 passed by the Sessions Judge as Well as Chief Judicial Magistrate, Sant Ravidas Nagar (Bhadohi) by which the release application of the applicant as well as revision were rejected.

(3.) It appears that in crime No. 1118 of 2005 under Sections 147/14/149/307 I.P.C. and Section 5 Explosive Substance Act police station Bhadohi Mahindra Jeep No. U.P. 66 C 6080 was seized as it was used in the crime. The applicant who is an accused in the said case moved an application for its release before the Chief Judicial Magistrate which was rejected. Thereafter a revision was preferred against the said order which too was disposed of by the Incharge Sessions Judge vide order dated 29.11.2005 with the observation that it is not proper to release the vehicle without appearance of the accused. It was directed that as soon as the accused appears the vehicle be released in his favour after obtaining necessary security.