MOHD. ASHRAF Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri V.P. Srivastava, learned Senior counsel assisted by Sri Lav Srivastava, learned counsel for the revisionist and Sri Abhinav Prasad, learned A.G.A. for the State.

(2.) The present criminal revision under Section 397/401 Cr.P.C. has been filed for quashing the order dated 15.3.2016 (wrongly mentioned in the impugned order dated as 15.3.2015) passed by learned Special Judge (Gangster Act), Bhadohi-Gyanpur in Reference Case No.3 of 2015, whereby the release application filed by the revisionist has been rejected.

(3.) It is contended by learned counsel for the revisionist that vehicle i.e. Toyota Fortuner bearing registration No.U.P. 70 CU 5707 belongs to the revisionist and it has no concern with his brother Muzaffar. The aforesaid vehicle was financed by the Baroda Uttar Pradesh Gramin Bank, Branch Bamrauli. It is next contended that brother of the revisionist namely Muzaffar is being prosecuted under Section 3(1) of U.P. Gangster and Anti Social Activities Prevention Act, 1986 for which first information report bearing case crime no.90 of 2014 was lodged at Police Station Aurai, District Sant Ravidas Nagar, Bhadohi. It is further submitted that in case crime no.90 of 2014 a report was submitted by the Officer Incharge of Police Station Mahila Thana, under Section 14(1) of U.P. Gangster and Anti Social Activities Prevention Act for attachment of property of brother of the revisionist Muzaffar, thereafter, on aforesaid report Superintendent of Police Sant Ravidas Nagar, Bhadohi referred the matter to District Magistrate for attachment of property of Muzaffar under Section 14(1) of U.P. Gangster and Anti Social Activities Prevention Act. On the basis of aforesaid recommendation under Section 14(1) of U.P. Gangster and Anti Social Activities Prevention Act for attachment of property of the revisionist's brother Muzaffar, Superintendent of of Police, Sant Ravidas Nagar, Bhadohi referred the matter to the District Magistrate for attachment of the property of Muzaffar under Section 14(1) of the U.P. Gangster and Anti Social Activities Prevention Act the properties of Muzaffar were attached including one Fortuner bearing registration no.U.P.70 CU 5707, engine no.1KDU480871 and chechis no.MBJ11JV510535506. An application under Section 14(1) of U.P. Gangster and Anti Social Activities Prevention Act before District Magistrate, Sant Ravidas Nagar, Bhadohi for release of vehicle in question was moved by the revisionist on 4.4.2015, but the District Magistrate, Sant Ravidas Nagar, Bhadohi refused to release the vehicle of the revisionist and under the provisions of Section 16(1) of U.P. Gangster and Anti Social Activities Prevention Act referred the matter to Special Judge (Gangster Act), Bhadohi. Revisionist contested the case before Special Judge (Gangster Act), Bhadohi in Reference Case No.3 of 2013 and it was specifically argued that vehicle bearing registration no.U.P.70 CU 5707 exclusively belongs to him and Muzaffar has no concern with the same therefore the same should be released in his favour relevant documents i.e. registration certificate, hypothecation certificate, issued by the Branch Manager, Baroda Uttar Pradesh Gramin Bank, Branch Bamrauli were there, but the concerned Court below has rejected the said application of the revisionist and refused to release the vehicle-in-question in favour of the revisionist. It is, thus contended that the order impugned passed by the concerned Court below refusing to release the vehicle-in-question is illegal and deserves to be set aside.