DURGA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicant and learned Additional Government Advocate.

(2.) THE Station House Officer, police station Attra, district Banda is present before this Court in compliance of the order dated 12. 2. 2008. An explanation has been submitted by the learned Additional Government Advocate as to the circum stances why the counter affidavit has been filed with delay. In view of the fact that file has been misplaced in the office of the Government Advocate, Allahabad, no further action in this regard is required against the investigating officer.

(3.) IT is contended by the learned Counsel for the applicant that the applicant is the registered owner of the aforesaid vehicle and he had purchased the same in the year 2006 from Star Automobiles, Satna and a sale certificate is appended and that his vehicle has been used during the Vidhan Sabha Elections, 2007. On 26. 4. 2007 at about 5. 00 P. M. when the vehicle was plying for campaigning for Smt. Piyaria, the candidate of Rastriya Lok Dal and was driven by the Driver Surendra Singh Arakh a//as Kallu, then the Attara police seized the vehicle and arrested -the driver and falsely implicated him in a criminal case and took the registration, insurance papers and driving licence and tore them up and pulled out the number plate of the Jeep. However, alt the accused have been granted bail.