SARJOO PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application under S.482, Cr. P.C. for exercising the inherent powers of this Court concerning release of motor vehicle Jeep No. UTB 4433 has been moved by Sarjoo Prasad alleging himself to be owner thereof. At the admission stage a counter-affidavit was called. That having been filed, a rejoinder affidavit has also been filed by the applicant. Therefore, this application is being decided at the admission stage itself finally.

(2.) It appears that one Smt. Geeta Devi had lodged a first information report on 17-8-1987 alleging that while she along with her husband was returning from Mirzapur a jeep struck the scooter on which they were travelling, as a result of which they fell down whereupon the husband was bombed and fired at causing injuries to which he succumbed. Later on, it appears that this jeep has been seized by the police concerning the said matter which has been registered as case crime No. 156 of 1987 under Ss.147, 145, 307 and 302, I.P.C. P.S. Karchhana, district Allahabad.

(3.) The applicant filed an application before the lower Criminal Court II for release of the jeep. The ground taken was that the jeep of the applicant had gone out of order towards the end of August 1987 and, therefore, he had handed it over for being repaired by Kanhaiya who is on of the principal accused in the aforesaid case. It may be relevant to mention here that from the counter-affiriavit it appears that Kanhaiya and Moti are brothers-in-law of applicant Sarjoo Prasad and both of them are accused in the said murder case. It was contended on behalf of the applicant that he had no knowledge that his jeep will be put to any illegal use and, therefore, it should be released in his favour. The Magistrate rejected that application on 29-8-1987 thereafter a revision was taken to the Sessions Judge which was also dismissed, on 18-12-1987, hence this application.