RAMESH CHANDRA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Revisionist Ramesh Chandra Shukla is the owner of Bus No. U. P. 79b-1215. The said bus was seized by Regional Manager, UPSRTC, Auraiya Depot, Sri N. S. Yadav on 25-8- 2006 because the said bus was plying under the false board of UPSRTC as well as Auraiya Depot was printed on the front and in the back. The said act was an offence under Section Motor Vehicle Act and hence the said bus was seized by the Assistant Regional Manager, UPSRTC, Auraiya. However, by order dated 30-8-2006 passed by CJM, Auraiya, the said bus was released in favour of owner as the driver of the said bus Raju Verma confessed the guilt vide an affidavit Annexure 2 filed in support of this revision. It seems that the said bus was not released in pursuance of the order dated 30-8-2006. Consequently, the revisionist, filed a release application under Section 457 Cr. P. C. before CJM, Auraiya, on the ground that he is owner of the bus, which has been seized by the police on 25-8-2006 and it is standing at the police station which will putrescence while standing there. It seems that on release application a report was called for by CJM, Auraiya from S. O. Police Station Auraiya. The S. O. Police Station Auraiya reported that so far as the revisionist is concerned, he is not involved in crime No. 315/06, State v. Raju Verma, under Section 418/420 IPC, but one Vimal Shukla s/o the revisionist is wanted in the aforesaid case. After receiving the report of the police station, Auriaya, the revisionist again applied for release of the vehicle in his favour, which was rejected by the CJM, Auraiya. Vide impugned order dated 2-9-2006 passed in relation with crime No. 315/06 under Section 418/420 IPC. Aggrieved by the aforesaid order the revisionist has filed the instant revision.

(2.) IN this case V. S. Ponia, Sub-INspector, Police Station Kotwali Auraiya has filed counter-affidavit. IN para 4 thereof it is mentioned that the police has seized the said bus as the said bus was plying on Auraiya Kannauj root showing Roadways colour on the body illegally. IN counter-affidavit it is mentioned that if bus will be released in favour of the revisionist, he will change the colour and misuse it.

(3.) THE aforesaid two judgments certainly support the contention of the learned Counsel for the revisionist that no useful purpose will be served in keeping the vehicle detained at the police station itself.